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Privacy Notice

Introduction

TLSCONTACT South Africa (PTY) LTD., a company registered under number 2013/202802/07, with registered address located at 1st Floor Menlyn Corner Building, 87 Frikkie de Beer Street, Menlyn, Pretoria, Gauteng 0063, South Africa (hereinafter “TLScontact”, “we”, “us”, “our”) is committed to protecting the privacy and security of the customers who use TLScontact websites and services (hereinafter “Customers”, “you”, “your”). The purpose of this privacy notice (hereinafter the “Privacy Notice”) is to explain how and why we use your personal data to ensure you remain informed and in control of your information.

TLScontact processes your personal data in compliance with the applicable legal requirements and in in particular the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’).

This Privacy Notice applies to all TLScontact services and by using our services you acknowledge having been informed that TLScontact collects, uses and discloses your personal data in accordance with this Privacy Notice.

Any questions you have in relation to this Privacy Notice or how we use your personal data should be sent to our Data Protection Officer at the following email address:

TLScontact Data Protection Officer:

Email:
dp@tlscontact.com

About us

TLScontact is a pioneering company specialising in providing Customer relationship management. Our core business is to operate visa application centres on behalf of government authorities (“our Clients”, “Diplomatic mission”).

TLScontact is part of the Teleperformance Group, the worldwide leader in outsourced omnichannel customer experience management, providing excellent customer experience at every opportunity, serving governments and companies.

Your personal data (i.e., any information allowing to identify you directly or indirectly) is collected on the behalf of our clients (i.e., hereinafter the “Clients”) for the provision of a visa service and/or immigration service, and to perform administrative and non-judgmental tasks related to the aforementioned services (see Section 1 of this Privacy Notice). Your personal data may also be collected by TLScontact on its own behalf for the provision of specific services in general related to the aforementioned services), for its business needs and/or to ensure the security of its premises, employees and visitors (see Section 2 of this Privacy Notice).

Our Clients are data controllers and TLScontact may either act as a data controller or a data processor depending on the nature of the services/processing concerned. When TLScontact acts as a data processor it collects and processes personal data only on behalf and under the instructions of its Clients.

1. For personal data concerning your visa/immigration application and related services (TLScontact acting as a data processor)

1.1. How do we collect your personal data?

We obtain personal data about you when you use our services to apply for instance for a visa.

Representatives may submit personal data about you on your behalf. We will always verify and validate any individuals claiming to be your representative before accepting any information about you.

1.2. What do we collect?

We will only collect personal data required by our Clients to submit a visa application or provide a related service. The type and categories of personal data that we collect is dependent on what visa/service you are applying for.

We collect in particular as an example the following categories of personal data:

• Personal details: name, nationality, gender, details of your travel document (i.e., passport or ID), email address, telephone number, marital status, postal address, place, date of birth, photographs, etc.
• Sensitive personal data: health related information, biometric data (fingerprints, digital face image, DNA swabs) records of criminal activities, legal proceedings etc.
• Personal details of people related to you: children, parents, spouse, personal details of inviting party etc.
• Business, education: business and/or employment activities, student activities, employer/student address and contact details.
• Financial data: payment card details, bank account details, national insurance details, proof of salary, taxes etc.
• Electronic media data: Video and audio recordings.

This list may vary depending on the Client’s requirements and the services you request from us.

If you want to know exactly what personal data will be collected for your visa/immigration service, please contact the relevant Diplomatic Mission for more information.

1.3. How is your personal data used?

We will never sell your personal data or use it in any way without your direct knowledge. We will only use your personal data on behalf of our Client and according to its instructions in order to process the specific service that you require relating to the visa application.

We may use your personal data for instance to:

• Validate who you say you are;
• Book an appointment for you to one of our Visa Application Centre (VAC);
• Assist you in your visa application or other application;
• Carry out further verification procedures in relation to your visa or other application;
• Provide you with additional services that you request relating to the visa application, we may in particular use your personal data to process any added value services (AVS) that you request, relating to your visa application, for example a courier delivery service to ship your application documents to your address of choice;
• Enable you to track the progress of your application;
• Perform our obligations under our mandate from our Clients;
• Send you communications and notifications concerning the status of your chosen service.

Such data processing is based on the execution of the contract between TLScontact and its Client and on the compliance with legal obligations.

For more information regarding the purposes of the data processing we implement on behalf of our Client, please contact the relevant Diplomatic Mission.

1.4. How long we store personal data?

We keep your personal data in accordance with our legal obligations and with our Client’s instructions. Most of the time we do not maintain any personal data once the visa application process is over. We will hold your personal information on our systems only for as long as is necessary to provide the service.

For more information about how long the Client keeps your personal data, please contact the relevant Diplomatic Mission.

1.5. Who has access to your personal data?

TLScontact and Teleperformance group of companies

We may share your personal data with companies belonging to TLScontact or to Teleperformance group where it is necessary to process your requests and to provide you with the relevant services.

Government Authorities and Diplomatic Missions

When applying for a visa or other related service, your personal data will be sent to our Client, i.e., the foreign Diplomatic Mission that represents the country you are applying to and that acts as the data controller. This Diplomatic Mission may share your personal data with for example an applicable governmental, regulatory, or enforcement authority for the prevention of crime or terrorism. We cannot control or direct how your personal data is used after transferring it to the relevant Diplomatic Mission since it acts as the data controller. We strongly recommend you read their privacy notices too (including the information provided in the visa application forms).

Third parties for legal reasons

We may share personal data with third parties to comply with legal obligations and respond to requests from government agencies, including law enforcement and other public authorities, which may include such authorities outside your country of residence.

Third party service providers working on our behalf

We may pass your personal data to our third-party service providers, subcontractors and other associated organizations for the purposes of completing tasks and providing services to you on our behalf. We will only disclose personal data that is necessary to deliver the services concerned.

The third parties that provide us with support in the services that we offer you are the following:

• technological service providers to enable the processing of your application;
• providers and partners of services related to logistic, transport and delivery, and/or their partner establishments.

Before sharing any personal data we make sure that all service providers are contractually obliged to and can prove that your personal data:

• Will be kept secure and confidential;
• Is stored for only as long as required to process service;
• Will never be used for anything other than to process the requested service;
• Will never be used for any marketing purpose by the third party except to the extent you consent upon this.

Other Third parties

In order to monitor our service provision, to prevent human trafficking and to protect vulnerable people, our Government Clients may request access to real-time footage of the activity in our Visa Application Centres.

1.6. Overseas transfer of your personal data

Due to the nature of our business, your personal data may be transferred beyond the borders of your Country. By applying for a visa or other related service your personal information will be transferred to the country or with the Government Authority you are applying to. We may also transfer your personal information to a neighbouring country for administrative purposes relating to your visa application. We will never transfer your personal data in an unsafe or unsecure way.

If we transfer your personal data to other countries in which applicable laws do not offer the same level of data privacy and protection, we take measures to provide an appropriate level of data privacy and protection by using our Binding Corporate rules or by entering into Standard Contractual Clauses approved by the European Commission with the data importers.

Through the implementation of our Binding Corporate Rules you can rest assured that your personal data is protected when transferred internationally within Teleperformance Group.

2. For personal data concerning TLScontact specific services/processing (TLScontact acting as a data controller)

2.1. How do we collect your personal data?

We obtain personal data about you when you use our services in relation to your visa application, when you come to our Visa Application Centre (VAC) as a visitor and/or when you use some of our additional services.

2.2. What do we collect?

We will use, store or otherwise process any of your personal data in accordance with the terms of this Privacy Notice, including but not limited to:

• Personal details: name, email address, telephone number, postal address, etc.
• Financial data: payment details.
• CCTV images for general surveillance.

When we collect personal data through forms, including but not limited to electronic forms, we will indicate the mandatory fields via asterisks. Failure to provide the data marked with an asterisk could prevent you from accessing a service of ours.

2.3. How is your personal data used?

We will never sell your personal data or use it in any way without your direct knowledge.

We may use your personal data for example to:

• Provide you with some additional services that you request, which are provided by TLScontact for its own account or for the account of certain TLScontact trusted partners (i.e. service directly linked or not to the visa application) and process your payments;
• Ensure the security of TLScontact’s employees, visitors, customers and premises;
• Answer your inquiries and/or resolve any dispute relating to TLScontact services;
• Request your feedback on our services in order to allow us to improve the quality of our services. You can withdraw your consent to receive any question regarding the quality of our services at any time by contacting us on-line through the Feedback and Complaints page such as explained further under article 3 here below or by contacting our data privacy officer at the email address indicated here above;
• Send you marketing communications (with your consent) - we will not share your personal data with third parties for marketing purposes unless you have explicitly consented. You can withdraw this consent at any time by contacting us on-line where applicable.

To process your personal data lawfully we need to rely on one or more valid legal grounds. The grounds we may rely upon are for example:

• Where we process your personal data to provide you with the services requested, to deal with your enquiries and claims relating to such services, to handle your payments, etc., the legal basis of the processing is the performance of the agreement between us and you.
• Where we process your personal data to deal with your enquiries that are not related to a specific service, to send you marketing communications, to request feedback on our services or to protect our employees, visitors and premises, the legal basis of the processing is the legitimate interests pursued by TLScontact (except where your interests or fundamental rights override these), more specifically its economic/business interest in making you personalized offers, in responding to your needs and offering you adapted services, and in ensuring its security.
• Where the processing is necessary for compliance with a legal obligation to which we are subject, the data processing is based on such legal obligation.

2.4. How long we store personal data?

We review our retention periods for personal data on a regular basis. We generally keep your personal data for as long as it is necessary for the purpose for which the personal data is processed (i.e. for the duration of the provision of the service, during your presence in our premises, for maximum 1 month regarding CCTV images and for 1 year from the last contact with you regarding marketing communications, where applicable and permitted by the local legislation). We may however be required to hold some types of personal data longer to fulfil our statutory obligations or in accordance with the applicable statute of limitations.

2.5. Who has access to your personal data?

TLScontact group or Teleperformance group of companies

We may share your personal data with companies belonging to the TLScontact group or to Teleperformance group where for instance it is necessary to process your requests, to provide you with the relevant services or to request your feedback on our services.

Third parties for legal reasons

We will share personal data with third parties:

• To comply with legal obligations and respond to requests from government agencies, including law enforcement and other public authorities, which may include such authorities outside your country of residence.
• In the event of a merger, sale, restructure, acquisition, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
• To protect our rights, users, systems, and services.

Third party service providers working on our behalf

We may pass your personal data to our third-party service providers, subcontractors and other associated organizations for the purposes of completing tasks and providing services to you on our behalf. We will only disclose personal data that is necessary to deliver the service.

The third parties that provide us with support in the services that we offer you are the following:

• technological service providers to enable the processing of your application;
• providers and partners of services related to logistic, transport and delivery, and/or their partner establishments.

Before sharing any personal data we make sure that all service providers are contractually obliged to and can prove that your personal data:

• Will be kept secure and confidential;
• Is stored for only as long as required to process service;
• Will never be used for anything other than to process the requested service;
• Will never be used for any marketing purpose by the third party except to the extent you consent upon this.

2.6. Overseas transfer of your personal data

Due to the nature of our business, your personal data may be transferred beyond the borders of your Country. By applying for a visa or other related service your personal information will be transferred to the country or with the Government Authority you are applying to. We will never transfer your personal data in an unsafe or unsecure way.

If we transfer your personal data to other countries in which applicable laws do not offer the same level of data privacy and protection, we take measures to provide an appropriate level of data privacy and protection.

Through the implementation of our Binding Corporate Rules you can rest assured that your personal data is protected when transferred internationally within Teleperformance Group.

3. Keeping you in control

We want to ensure you remain in control of your personal data. Part of this is making sure you understand your rights, which are as follows:

• Access – the right to access your personal data, obtain a copy of your personal data we currently hold.
• Rectify – the right to have your personal data rectified.
• Erase – the right to have your data erased (however, this is not an absolute right and TLScontact may have legal or legitimate grounds for keeping such personal data).
• Object – the right to object to the processing of your personal data for direct marketing, or in any other situation in compliance with local laws.
• Portability – the right to receive your personal data in a structured, commonly used and machine-readable format, and the right to transmit those data to another controller. This right only applies when the processing of the personal data is based on your consent or on a contract and such processing is carried out by automated means.
• Withdraw – you may withdraw your consent, at any time, for the processing of your personal data for which you have provided consent by following the Subject Access request described in this Notice. Please note that withdrawing your consent or failing to provide personal data described in this Privacy notice will impact and may stop the processing of any services that you requested or are currently enrolled in.

To exercise your rights to your personal data, all you need to do is contact us directly or through the Feedback and Complaints page, fill in the short request form and choose the “Personal Data Request” category in the “Reason for contact” field. You can also exercise theses rights by contacting the Diplomatic Mission when such rights relate to the visa/immigration application.

All requests are free of charge.

When the request is submitted to TLScontact, we will send you a confirmation of acknowledging your request and will process or hand over your request to our Client without undue delay.

We or our Client may contact you to clarify your request, seek additional information or to verify your identity before processing.

If you feel that your right has been impacted, please contact our Data Protection Officer.

You also have the right to complain to a supervisory authority in your country. The contact information is available on the Information Regulator website: https://inforegulator.org.za/.

4. Profiling

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

To offer you personalized services we use profiling with the information that you have provided to us, such as the age or location. We consider that we have a legitimate interest to conduct this profiling because the processing of these data is beneficial to you because it allows you to improve your user experience and access to our additional services in accordance with your characteristics.

The aforementioned Data Controllers (our Clients i.e., Diplomatic Missions) may use profiling as well.

For more information about potential use of profiling by the Client, please contact the relevant Diplomatic Mission.

5. Links to other sites

Our website may contain links to other websites. We are not responsible for the content or functionality of any of those external websites.

If an external website requests personal data from you (e.g., in connection with an order for goods or services), the data you provide will not be covered by this Privacy Notice. We suggest you read the privacy notice of any website before providing any personal data.

When purchasing goods or services from any of the businesses that our site links to, you will be entering into a contract with them (agreeing to their terms and conditions) and not with TLScontact.

6. Changes to this Privacy Notice

We will amend this Privacy notice from time to time to ensure it remains up-to-date and accurately reflects how and why we use your personal data. The current version of our Privacy notice will always be posted on our website. In case of material changes we will inform you by any appropriate means.

Privacy Notice last updated 10 December 2023

Cookies Policy

Introduction

TLScontact and its worldwide companies (hereinafter “TLScontact”, “we”, “us”, “our”) is committed to protecting the privacy of the customers who visit TLScontact websites (hereinafter “Customers”, “you”, “your”). The purpose of this cookies policy (hereinafter the “Cookies Policy”) is to explain how and why we use cookies to ensure you remain informed and in control of your information.

What are cookies?

A cookie is a small file downloaded on to and/or read by a device (for instance a computer or smartphone) when a user accesses a website. Cookies typically enable websites to work, or work more efficiently. They can also be used to recognize a user’s device.

When you arrive on our website a pop-up message will appear notifying you that our website uses cookies. By using our website, you are consenting to our use of cookies. If you wish to withdraw your consent at any time, you can do so by altering your browser settings (see section 4 below) otherwise we will assume that you are happy to receive cookies from our website.

Why does TLScontact use cookies?

The information collected by cookies on our websites is used for various purposes, including the following:

Strictly Necessary: These technical cookies are essential for the operation of our website and for enabling you to use its features, for example logging into secure areas.

Analytics and Performance: these cookies are used to analyze the frequency of visits to our websites and what visitors do on our websites. This helps us to improve the way our websites work, for example, by ensuring that you can find what you are looking for easily, or that our websites remain up and running.

Further information on the specific cookies used on TLScontact websites can be found under the ‘Which cookies does TLScontact use?’ and ‘Which cookies do third Parties set on our websites’ sections of this policy.

Which cookies does TLScontact use?

TLScontact use the following cookies on the websites.

Strictly Necessary Cookies

Name Purpose Description Storage Period

TLScontact Website – Store session ID for webserver The value is the ID of the user session End of browser session

Uid Static content of the Website Uniquely assigned, machine-generated user ID 1 year

Which cookies do third parties set on our websites?

TLScontact allows some third parties to set and access their own cookies on your device.

Third parties place the following cookie on TLScontact websites.

Analytics and Performance Cookies

Name Purpose Description Storage Period

_gid Google Analytics Used to distinguish users 24 hours

_ga Google Analytics Used to distinguish users 2 years

_gat Google Analytics Used to throttle request rate. 1 minute



For example, Google Analytics is used to identify your visit to the site. Google Analytics help TLScontact to understand how visitors engage with their sites or apps. When Google Analytics is used, the web browser automatically sends certain information to Google. For further information, please visit the link here.

To learn more about third party cookies, please refer to third party websites.

How can you manage your cookie settings?

By continuing browsing the websites, you agree to provide consent to the use of cookies. You can decline the use of cookies on our Website directly or you can withdraw consent at any time by changing the using browser settings, or cookie settings. For third party cookies, please refer to further information on ‘Which cookies do third parties set via our websites?’ section above.

In case you decide to turn off cookies we have these helpful links below for you. Please choose your browser and click on the respective link. You will be transferred to the browsers help page for instructions concerning your cookie settings.

• Cookie settings in Internet Explorer

• Cookie settings in Firefox

• Cookie settings in Chrome

• Cookie settings in Safari web and iOS

Changes to this Cookies Policy

We reserve the right to amend this Cookies Policy from time to time to ensure it remains up-to-date and accurately reflects how and why we use cookies. The current version of our Cookies Policy will always be posted on our website and we will inform you by any appropriate mean in case of material changes in this Policy.

Terms of Services

Introduction

The services subject to the present terms of service are provided by TLSCONTACT South Africa (PTY) LTD, registered address 2nd Floor 11 Adderley Street Cape Town Western Cape 8001, South Africa, Registration Date 31.10.2013, Companies Register under number 2013/202802/07 (“TLScontact”).

TLScontact is an official service provider to His Majesty Passport Office (referred to hereinafter as “HMPO”) and to the UK Visas & Immigration authority (referred to hereinafter as “UKVI”) for the purpose to ease the collection of your British passport application and/or your overseas British citizenship biometric enrolment (referred to hereinafter as “OCBE”).

TLScontact has neither HMPO or UKVI competences nor responsibility to make decisions about issuing or denying British passport or citizenship applications. TLScontact doesn’t have neither any competence nor knowledge as to the carrying out of the DNA tests, required by HMPO, or the DNA tests results. TLScontact provides only the amenity where HMPO accredited laboratory personnel collects the DNA sample for testing purposes to the accredited laboratory. For any and all claim with regard to the decision made with regard to your application please contact directly HMPO on the following link, Biometrics Enrolment service on the following link and for DNA testing on the following link.

1. Scope of the Service

These terms of service (“Terms of Service”) apply to any and all services (referred to hereinafter as “Services or Service”) offered by TLScontact on behalf of HMPO or UKVI to persons (collectively referred to hereinafter as “the Customer(s) or “You”) applying for a British passport, which could in certain cases be required to submit in addition a DNA test as per HMPO request or to persons applying for a British overseas citizenship requiring to submit their biometrics to TLScontact (scanned fingerprints, signature and photograph).

The Services may include, without limitation and depending on the nature of your application, the registration of your application, the booking of your appointment, the payment of the TLScontact Service fee (where applicable), the attendance to your appointment for the purpose of collection by TLScontact of your passport application, of your DNA sample or of your OCBE and the return of your travel document.

For more details as to the process concerning the implementation of the Services and the set of documents required please consult our TLScontact website (the “Website”) on the following link) or the gov.uk on the following link or UKVI – Biometrics on the following link.

The Customer is required to read and understand these terms and conditions before placing an order for the Service. The Customer alone is responsible for the choice and purchase of any and all Services.

These Terms of Service may be consulted on the Website at any time. They shall prevail over any other version and any other conflicting document.

Save proof to the contrary, the data recorded in the TLScontact information system shall constitute proof of all transactions entered into with the Customer.

The Customer acknowledges that he or she has read and understood these Terms of Service and agrees to abide by them, without any reservation, either by checking the relevant box before submitting the Service order online (“TLScontact Centre”).

The Customer represents and warrants that he or she has the requisite capacity to contract and to acquire any and all of the Services offered by TLScontact.

Given that subsequent amendments may be made to these Terms of Service, the applicable version on the Customer purchase date shall be the current version displayed on the Website or at the TLScontact Centre.

2. Orders

On the Website, the Customer selects the Services he or she wishes to order according to the following procedure:

Orders of Services placed via the Website will only be accepted if the Customer has previously agreed to abide by these Terms of Service. The Customer can verify the details of the order and the total price and correct any errors before confirming acceptance of the Terms of Service. Such confirmation implies acceptance of all of these Terms of Service and constitutes proof of a sale contract.

It is therefore up to the Customer to check the accuracy of the order and report any errors without delay.

The purchase shall not be deemed final until TLScontact has sent the Customer email confirmation of receipt of the order and has received full payment of the fee for the Service, where such payment is required.

TLScontact reserves the right to cancel or refuse any Service order in the event of a pending dispute with the Customer regarding the payment of a previous order.

3. Price

3.1 Price of the Service fee of TLScontact

The fee of any or all of the Services paid to TLScontact, such as for the DNA testing service and/or the OCBE service, where applicable, is as currently shown on the Website.

The price paid is firm and non-revisable, displayed either in GBP or in any other applicable local currency and includes all taxes.

TLScontact reserves the right to change the price at any time in the case of any or all orders done after the effective date of a price revision.

TLScontact will issue the Customer with an invoice upon payment of the Service.

3.2 Price of the service fee of HMPO/UKVI

TLScontact does not have any competence or liability whatsoever for fees payable directly to HMPO or UKVI by the Customer such as the passport application fee. For any question as to such fees please consult the following link.

4. Payment terms

4.1 The price is payable in full on the day the Customer books its appointment, in accordance with the procedure specified on the Website, by secure payment method:

• By credit/debit card;

• By any other means of payment accepted by TLScontact after these Terms of Service have come into force.

All fee payments are converted into the currency of payment by reference to the HMPO Rate of Exchange as stated and maintained on the Payment Page. TLScontact will issue a receipt for the transaction upon receipt of payment.

You will remain liable to pay all Service fees charged by your payment card issuer. Before making the payment, you are advised to consult the bank that issued your payment card regarding any charges and interest you may incur by using this payment method.

4.2 Payment data is encrypted before transfer and there are two protocols: For ecommerce card payments, a new authentication protocol is being introduced by the Card Schemes (Mastercard, Visa, American Express etc.) called 3D Secure v2 (3DS v2) that will comply with the new regulation.

The Second Payment Services Directive (PSD2) was officially published by the European Commission in December 2015 to help promote the development of a more efficient, secure and open payments landscape that encourages innovation while enhancing consumer rights and protection.

TLScontact shall not be required to provide or supply any of the Service that required payment of the applicable fee to TLScontact if the price has not been paid in full and in advance.

Payments made by the Customer will not be deemed final until TLScontact has actually received the amounts due.

For further information on payment terms, please leave a message on the “Contact us” page of the Website.

5. Provision of services

The Services ordered by the Customer and offered by TLScontact on behalf of HMPO/UKVI, will be provided, to the extent possible, in accordance with the date the Customer has chosen the appointment to submit the passport application, the DNA sample or the biometric enrolment at the TLScontact Centre.

Subject to a reasonable efforts obligation, TLScontact undertakes to do its utmost to provide the Services to the Customer depending on the applicable appointment date. TLScontact accepts no liability for any delay in the provision of the Service caused by an event which is beyond the control of TLScontact.

The processing times for any of your applications or of the DNA sample are estimates only. These are based on information and experience of HMPO/UKVI over which over which TLScontact have no control.

6. Cancellation rights

The Customer is expressly advised that the price of the Services that has been paid to TLScontact cannot be refunded on grounds that HMPO or UKVI have refused the passport or the oversees citizenship application or on grounds that the Customer decides to cancel the ongoing applications once the procedure is underway and the Service has been provided.

6.1 Online purchase of Services from a TLScontact Centre located in the European Union

6.1.1 The Customer is expressly advised that the right of cancelation towards TLScontact exists only for orders of Services placed exclusively via the Website.

The Customer has a cooling off period of 14 days, starting on the day following the day the service is subscribed to on line, to exercise his or her right of cooling off vis-à-vis TLScontact and to cancel the order, without having to justify such cancellation or pay any penalties. To duly exercise this right of cooling off, the Customer must notify TLScontact of his or her decision to cancel, before the end of the aforementioned cooling off period, using the Contact Us form.

If the right of cooling off is exercised within the aforementioned period and the Service has not even started, solely the price for the Services shall be refunded to the Customer, no later than 14 days after TLScontact has received notification of the Customer’s decision to cancel.

The Customer is invited to take note of all of the points mentioned in clause 6.1.2 below in order to fully understand the circumstances liable to render the right of cancellation inapplicable or limit the refund.

6.1.2. The Customer is advised that:

• If the performance of the Service has commenced with the Customer’s agreement and has been completed before the end of the 14-day cooling off period, the Customer shall not be entitled to exercise the right of cancellation, which he or she expressly waives;

• If the performance of a Service has commenced with the Customer’s agreement before the end of the 14-day cooling off period but has not been fully completed by the time the Customer sends notification of his or her decision to cancel within the aforementioned 14-day period, the Customer will be liable to pay all expenses corresponding to the Service provided until notification of the Customer’s decision to cancel.

6.2 Online purchase of Services from a TLScontact Centre located outside the European Union

6.2.1 Any and all request for refund of Services sold online by TLScontact, excluding any and all service fees paid by the Customer to HMPO or UKVI, must be received by TLScontact at least five (5) working days before the scheduled appointment otherwise, you will not be entitled to receive any refund.

7. TLScontact’s liability

7.2 TLScontact is not authorized to take part in the UKVI/HMPO decision-making process regarding your application and accepts no liability regarding the decisions made by any of these institutions.

TLScontact accepts no liability as to the collection and/or testing of your DNA sample and/or as to the test results, any such Service is performed by an HMPO chosen and accredited laboratory.

Our staff is not authorized to provide advice or comments on the regulations applicable to your applications/Services and TLScontact accepts no liability if such advice or information is given.

Any complaints regarding the decision made in response to your passport application, DNA testing or citizenship application should be sent solely to HM Passport Office or UKVI or DNA testing.

7.3 TLScontact accepts no liability if any information provided by the Customer is inaccurate or if the documents provided by the Customer in support of the application are insufficient.

7.4 TLScontact accepts no liability to any Customer or any other person relying on or benefiting from any application to UKVI or HMPO for business losses, damages or for any obligations, costs or expenses incurred in reliance on or anticipation of receiving a passport or citizenship, whether within a particular timescale or at all, including but not limited to air travel, hotel, and other travel and accommodation arrangements, and any other arrangements made. The Services are provided and supplied for private use. If you order them for trading or reselling purposes, we will accept no liability for any lost profits, loss of business, business interruption or loss of business opportunity suffered or incurred as a result of delay, misplacement, loss or damage of applications, passports or other documents, or due to negligence or breach of contract in connection with any application or any advice or information given in relation to any application.

7.5 TLScontact shall also have no liability to any Customer or any other person relying on or benefiting from any application to UKVI or HMPO for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever due to delay, misplacement, loss or damage of applications, passports and other documents, or due to negligence or breach of contract in connection with any application or any advice or information given in relation to any application.

7.6 TLScontact shall not be held liable or in default due to any delay or non-performance due to a force majeure or to any other event which is beyond TLScontact reasonable control or for any act or omission not attributable to TLScontact.

7.7 In particular, TLScontact shall have no liability for any delays, loss or damage to any application or to any passport or other documents, including the DNA sample/results or the biometric enrolment, caused by, or occurring whilst any application, passport or any other document is in the possession of, any third party postal or courier service, including transportation of applications, passports or any other documents between TLScontact and the UKVI/HMPO or between TLScontact and the accredited DNA testing laboratory or when being returned to the Customer’s address.

7.8 If TLScontact is in breach of contract or negligent in relation to any application submitted, resulting in the passport or citizenship application not being granted or loss of Customer passport, TLScontact will refund to the applicant the amount of the service fee paid only.

7.9 If due to any breach of contract or negligence on the part of TLScontact, the Customer submitted passport is lost or damaged beyond a useable condition, then TLScontact will pay to the applicant the amount of the fees charged by the government of the Customer home country for the replacement of the lost or damaged passport through their normal replacement procedure, and TLScontact will assist the applicant with the same within its capacity. Such payments will be made by TLScontact to the applicant on the presentation of the payment receipt issued by the government of their respective home country for the replacement of such lost or damaged passport.

8. Data protection

The Customer is reminded that the personal data requested from the Customer is strictly required for the purposes of processing the Customer’s request for Services which may include, such as set forth in clause 1 here above, the purpose of registration of your application, the booking of your appointment, the payment of the TLScontact Service fee (where applicable), the collection and processing of your passport application, the collection of your DNA sample, the collection and processing of your biometrics enrolment.

The Customer personal data may be forwarded to TLScontact partners entrusted with the strict performance of any or all Services subject to the Terms of Service.

Information communicated via the Website is processed in accordance with legal requirements regarding personal data protection and the information system used ensures optimal protection of this data.

In accordance with applicable national and/or European regulations, the Customer may have the right to access, alter and rectify its personal data such as the right to object, to data portability or to restrict processing.

These rights may be exercised in accordance with the conditions and procedures set out on the Website.

9. Intellectual property

The content of the Website is the property of TLScontact and is protected by intellectual property laws.

All reproduction of this content in whole or in part is strictly forbidden and is liable to constitute an act of infringement.

Furthermore, TLScontact shall retain all intellectual property rights in the photographs, presentations, studies, designs, models, prototypes, etc. created (including at the Customer’s request) for the purposes of providing or supplying the Services. The Customer therefore agrees not to reproduce or use said studies, designs, models, prototypes, etc. without TLScontact’s express prior written authorization, for which TLScontact shall be entitled to request a financial compensation.

10. Governing law

These Terms of Service and the transactions resulting therefrom shall be governed by the laws applicable in the country of the TLScontact Centre where you have submitted your Service order.

11. Disputes

All disputes arising from the purchase and sale transactions entered into pursuant to these Terms of Service regarding their validity, interpretation, performance, termination, consequences and implications that cannot be resolved amicably between TLScontact and the Customer shall be referred to the courts with jurisdiction in accordance with the provisions of ordinary law applicable in the country of the TLScontact Centre where you have submitted your Service order.

12. Changes to the Terms of Service

TLScontact in its sole discretion, may change, amend, cancel or withdraw any or all of these terms and conditions at any time without any prior notice.

Terms of Website Use

1. Who we are and how to contact us

This is a site operated by TLScontact South Africa (”We”), with share capital of ZAR 100. We are registered in South Africa, registration date 31/10/2013, under company number 2013/202802/07 and have our registered office at 2nd floor 11 Adderley Street Cape Town Western Cape 8001, South Africa.

We are a pioneering company specialising in providing customer relationship management within a face-to-face environment. Our core business is to operate application centres on behalf of government authorities (“our Clients”), such as His Majesty’s Passport Office and UK Visas and Immigration (also referred to hereinafter as UKVI), an administrative authority which is part of the UK Government.

TLScontact is part of the Teleperformance Group, the worldwide leader in outsourced omnichannel customer experience management, providing excellent customer experience at every opportunity, serving governments and companies.

To contact us, please use our contact us form.

2. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

3. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Notice;

• Our Cookie Policy, which sets out information about the cookies on our site;

• Our Terms of Service, which sets out the terms and conditions upon which services offered by TLScontact South Africa;

• Our Security Notice, which sets out information about security rules to be followed at our Application Centre;

• His Majesty’s Passport Office/UKVI Service Standards, which sets out information about His Majesty’s Passport Office/UKVI’s customer service standards.

If you purchase services from our site, our Terms of Service apply to the sales.

4. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on January 2019. In case of material changes in these terms we will inform you by any appropriate means.

5. We may make changes to our site

We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

6. We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. Our site is only for users in South Africa

Our site is directed to people residing in South Africa. We do not represent that content available on or through our site is appropriate for use or available in other locations.

8. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

9. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation;

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• For the purpose of harming or attempting to harm minors in any way;

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;

• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

• Not to access without authority, interfere with, damage or disrupt:

• Any part of our site;

• Any equipment or network on which our site is stored;

• Any software used in the provision of our site; or

• Any equipment or network or software owned or used by any third party.

11. Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

• Chat rooms;

• Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

12. Content standards and registration

12.1 These content standards apply to any and all material and information which you contribute to our site, (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

TLScontact South Africa will determine, in its discretion, whether a Contribution breaches the Content Standards. A Contribution must:

• Be accurate (where it states facts);

• Be genuinely held (where it states opinions);

• Be genuinely held (where it states opinions).

A Contribution must not:

• Be defamatory of any person;

• Be obscene, offensive, hateful or inflammatory;

• Promote sexually explicit material;

• Promote violence;

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• Infringe any copyright, database right or trade mark of any other person;

• Be likely to deceive any person;

• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

• Promote any illegal activity;

• Be in contempt of court;

• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

• Be likely to harass, upset, embarrass, alarm or annoy any other person;

• Impersonate any person, or misrepresent your identity or affiliation with any person;

• Give the impression that the Contribution emanates from Limited Liability Company “TLScontact (RU)” (abbreviate: LLC “TLScontact (RU)”), if this is not the case;

• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

• Contain any advertising or promote any services or web links to other sites.

12.2 You must ensure that the details provided by you on registration or at any time are correct and complete and inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

You may cancel your registration at any time by informing us in writing to the contact details provided in these terms and conditions. Cancellation or suspension of your registration does not affect any statutory rights.

13. Breach of the Terms of Use

When we consider that a breach has occurred to these terms of use, we may take such action as we deem appropriate.

This may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site and your registration account;

• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site;

• Issue of a warning to you;

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

• Further legal action against you;

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

14. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

15. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, such as UKVI, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

16. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us.

17. No liability for damages

To the maximum extent allowed by the applicable law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site; or the use of or reliance on any content displayed on our site. in particular, we will not be liable for:

• Loss of profits, sales, business, or revenue;

• Business interruption, loss of anticipated savings;

• Loss of business opportunity, goodwill or reputation; or

• Any indirect or consequential loss or damage.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

We are not liable for business losses. Our site is for domestic and private use. If you use our site for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for events outside our control. If our provision of the Services or support for the use of our site is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

18. How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

19. Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out herein above.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary.

You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties, such as but not limited to UKVI, for the purpose of processing of your application.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in herein above.

You are solely responsible for securing and backing up your content.

20. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit an offence under your country of application applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

21. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out herein above. If you wish to link to or make any use of content on our site other than that set out above, please contact us.

22. Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by the law of South Africa. You and we both agree that the competent courts of South Africa will have exclusive jurisdiction.

23. Our trade marks are registered

TLScontact is a registered trademark. You are not permitted to use it without our approval.