Fuzu Service Terms — Kenya Addendum

This Kenya Addendum ("Addendum") forms part of the Fuzu Service Terms (the "Global Terms") and applies to Users who access or use the Service from Kenya, Users who direct Content to Kenya, Employers and other Business Users registered or operating in Kenya, and any other engagement that falls within the scope of Kenyan law.

The Global Terms apply in full to Kenyan Users. Where there is a conflict between the Global Terms and this Addendum on a matter specifically addressed in this Addendum, this Addendum prevails. Capitalised terms used in this Addendum have the meanings given in the Global Terms unless defined otherwise here.

The Service is operated by Fuzu Ltd, registered in Helsinki, Finland. For Kenya-related matters, Fuzu may also operate through a Kenyan affiliate, Fuzu Services Mauritius Ltd Kenya Branch, registered in Nairobi, Kenya (the "Local Affiliate"). Where a Local Affiliate is the contracting party (for example, under a Kenya-specific commercial agreement, employer subscription, or local services arrangement), this will be stated in the relevant order form or commercial agreement, and references to "Fuzu" in such arrangements include the Local Affiliate.

Local contact details:

• Local support: support@fuzu.com
• Local complaint contact: legal@fuzu.com
• Postal address: Pinetree Plaza, Kamburu Drive, Nairobi, Kenya

3.1 Applicable law

To the extent that Fuzu processes personal data of Users in Kenya or in the course of operating the Service in Kenya, Fuzu complies with the Data Protection Act, 2019 (the "Kenya DPA") and the regulations and guidance issued by the Office of the Data Protection Commissioner (the "ODPC"). The Global Privacy Policy applies to such processing, supplemented by this Section 3.

3.2 Registration and Data Protection Officer

Fuzu is registered with the ODPC as a data controller / data processor (as applicable) under registration number 611-8089-567D and maintains a Data Protection Officer for Kenya. The DPO may be contacted at legal@fuzu.com.

3.3 Rights of data subjects in Kenya

Data subjects in Kenya have the rights set out in section 26 of the Kenya DPA, including the rights to be informed of the use of their personal data, to access their personal data, to object to processing, to correct or erase false or misleading data, and to data portability where applicable. Requests may be submitted to the DPO at the contact details above.

3.4 Cross-border transfers

Personal data of Users in Kenya may be transferred outside Kenya, including to Finland and other European Economic Area countries and to other countries where Fuzu, its affiliates, or its service providers operate. Such transfers are carried out in accordance with section 48 of the Kenya DPA and the Data Protection (General) Regulations, 2021, including on the basis of (i) the User's consent, (ii) appropriate safeguards, or (iii) any other lawful ground.

3.5 Complaints to the ODPC

Users in Kenya have the right to lodge a complaint with the Office of the Data Protection Commissioner. Complaints may be submitted via www.odpc.go.ke or to the ODPC at its current registered address. Users are encouraged to contact Fuzu first using the contact details above so that Fuzu may attempt to address the matter directly.

4.1 Compliance by Employers

Employers and other Business Users using the Service in connection with recruitment in Kenya must comply with applicable Kenyan employment and labour law, including the Employment Act, 2007; the Labour Institutions Act, 2007; the Labour Relations Act, 2007; the Occupational Safety and Health Act, 2007; the Work Injury Benefits Act, 2007; and any regulations made under those Acts.

4.2 Anti-discrimination

Employers and other Business Users using the Service in Kenya must comply with the anti-discrimination provisions of Article 27 of the Constitution of Kenya, section 5 of the Employment Act, 2007, and the Persons with Disabilities Act, 2003. Employers must not discriminate against any User or Candidate, directly or indirectly, on grounds including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language, or birth, except where the distinction is justified by an inherent requirement of the position and is otherwise permitted by law.

4.3 Foreign and international employment

Where the Service is used to facilitate the placement of Kenyan Users in employment outside Kenya, Employers and other Business Users acknowledge and agree that the placement may be subject to the National Employment Authority Act, 2016, and the Labour Institutions (Private Employment Agencies) Regulations, 2016, including any licensing, attestation, and reporting requirements applicable to private employment agencies or to placements abroad. Fuzu and its Business Users will cooperate as required to ensure compliance with these requirements, and Fuzu may decline to facilitate engagements where the necessary compliance steps have not been completed.

Users considering international placements are advised to verify that the placing entity holds any licence required under Kenyan law and that the engagement complies with applicable bilateral labour agreements, where relevant.

5.1 Applicable law

Kenyan Users who are consumers within the meaning of the Consumer Protection Act, 2012 have the rights granted by that Act in addition to any rights set out in the Global Terms. Nothing in the Global Terms or this Addendum limits any non-waivable right granted by Kenyan consumer-protection law.

5.2 Right to cancel and refunds

Where the Consumer Protection Act, 2012 or related regulations grant a right of cancellation, refund, or remedy in respect of paid Services purchased by a Kenyan consumer, that right applies in addition to the consumer right of withdrawal set out in Section 20 of the Global Terms.

5.3 Complaints

Kenyan consumers may submit complaints to Fuzu using the local complaint contact in Section 2 of this Addendum or, in addition, to the Competition Authority of Kenya / Consumer Protection Department or, where relevant, to a recognised consumer organisation.

6.1 Payment methods

Fuzu may make available payment methods commonly used in Kenya, including mobile money services (such as M-Pesa) operated by payment service providers licensed under the National Payment System Act, 2011 and supervised by the Central Bank of Kenya. Use of any such payment method is subject to the terms of the relevant payment service provider in addition to the Global Terms.

6.2 Currencies

Fees may be charged in Kenya Shillings (KES), Euros (EUR), or US Dollars (USD), as indicated at the point of purchase. Exchange-rate movements between order date and payment date are at the User's risk unless otherwise stated.

6.3 Taxes

Fees are stated exclusive of applicable taxes unless otherwise stated. Value Added Tax (VAT) and any applicable digital service tax administered by the Kenya Revenue Authority will be added to fees where required by law. Employers and other Business Users are responsible for their own PAYE, withholding tax, and other employer or recruiter tax obligations under Kenyan law in respect of any engagement of Candidates.

The Global Terms are governed by Finnish law. Notwithstanding this, where a Kenyan consumer has rights under mandatory Kenyan law (including the Consumer Protection Act, 2012) that cannot be derogated from by agreement, those rights apply. A Kenyan consumer may bring proceedings against Fuzu in the courts of Kenya where required by mandatory Kenyan law, in addition to any rights under the Global Terms.

For Business Users in Kenya, the governing law and dispute-resolution provisions of the Global Terms apply unless otherwise agreed in writing.

The Service is provided in English. Specific articles or blog posts may also be in Kiswahili. The English version of these Terms and of this Addendum is the authoritative version.

For Kenya-specific questions about these Terms, the Privacy Policy, or the Service, please contact Fuzu using the local contact details in Section 2 of this Addendum.