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Video Recording Data Processing Agreement

This additional agreement must be accepted before enabling video recording for any competition meet.

Effective Date March 16, 2026
Version 1.0
Prerequisite Organizer Data Processing Agreement

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Parent Consent Form Template Privacy Policy

Table of Contents

1

Scope and Purpose

Legal Supplementary

This Video Recording Data Processing Agreement (the "Video Agreement") supplements and works in conjunction with the Organizer Data Processing Agreement. It applies specifically when the Organizer enables the video recording feature for any competition meet facilitated through the Gym Art platform.

Video recordings of gymnasts constitute sensitive personal information, particularly when involving minors. This agreement establishes the additional requirements, rights, and obligations necessary to ensure that video recording is conducted lawfully, transparently, and with appropriate safeguards for all individuals who may appear in recorded content.

All terms used in this Video Agreement that are not defined herein shall have the meanings ascribed to them in the Organizer Data Processing Agreement.

2

Video Access Model

Privacy by Design Technical

Gym Art operates a restricted video access model designed to protect the privacy and safety of all gymnasts:

Default Privacy Protection

Video recording is disabled by default. Videos are only recorded and stored when the Organizer explicitly enables the video recording feature for a specific meet.

Access Restriction

Video recordings are accessible only within the Gym Art mobile application by signed-in and authenticated users. Videos cannot be downloaded, shared, or accessed through any other platform or method.

Display Conditions

A video is displayed within the Gym Art mobile application only when ALL of the following conditions are met:

  1. The Organizer has enabled video publishing for the meet
  2. The meet has been made public
  3. The gymnast's level has video display enabled
  4. The gymnast's individual video publishing setting is enabled

If any one of these conditions is not met, the video is not shown.

Storage and Infrastructure

Videos are stored securely on Google Cloud Platform in the northamerica-northeast1 region (Montréal, Canada). This ensures compliance with Canadian data residency requirements and provides fast, reliable access for users in North America.

Note: This multi-condition access model ensures that videos are shared only with authorized individuals who have explicitly consented to view recorded content.
3

Organizer Obligations for Video

Critical Compliance

The Organizer certifies that before enabling video recording for any meet, the Organizer has obtained appropriate video-specific consent from all data subjects (gymnasts) or their parents/guardians, as required by applicable privacy laws. The specific consent requirements depend on the age of the gymnast:

3.1 Gymnasts Under 13 (COPPA Compliance)

Parental/Guardian Consent Required

For gymnasts under 13 years of age, verifiable parental or guardian consent must be obtained specifically for video recording, as required by the Children's Online Privacy Protection Act (COPPA), 16 CFR Part 312, including the 2025 Final Rule Amendments.

The consent must clearly disclose:

  • That video recordings will be made during competition at the meet
  • How videos can be accessed (Gym Art mobile application only, subject to the conditions outlined in Section 2)
  • Default retention period (1 year from the competition date) and any custom retention period set by the Organizer
  • The right to opt out of video recording at any time and request immediate removal of videos

3.2 Gymnasts Ages 13-15 (Parental Consent)

Parental/Guardian Consent Required

For gymnasts ages 13 to 15 years, parental or guardian consent for video recording must be obtained in compliance with the following laws:

3.3 Individuals 16 and Older

Individual Consent

For individuals 16 years of age and older, consent for video recording must be obtained directly from the individual, as they have the capacity to provide their own consent under applicable privacy laws.

3.4 Video-Specific Consent Disclosure

Regardless of the data subject's age, the video-specific consent form must explicitly cover all of the following:

  • Recording of gymnast performances during competition
  • Storage on Google Cloud Platform in Montréal, Canada (northamerica-northeast1)
  • The access model described in Section 2 and the conditions required for video display
  • The retention period (default 1 year from competition date, or custom period set by the Organizer at meet setup)
  • The right to opt out of video recording at any time with immediate effect
  • Explicit statement that videos will NOT be used for biometric analysis, facial recognition, or automated profiling
  • Explicit statement that videos will NOT be disclosed to third parties without explicit additional consent

3.5 Consent Form Template

A compliant consent form template that includes a dedicated video recording section is available at Parent/Guardian Consent Form Template. The Organizer is responsible for using this template or a legally equivalent consent form that meets all the requirements outlined in this section.

Critical Requirement: Gym Art enables video recording only after the Organizer confirms that appropriate consent has been obtained. Organizers that enable video recording without obtaining proper consent are in violation of this Video Agreement and applicable privacy laws.
4

Opt-Out and Removal Rights

User Control Rights

Recognizing that preferences and circumstances may change, parents, guardians, and individuals have the right to withdraw consent for video recording at any time.

Opt-Out Mechanism

Parents and guardians may opt out of video recording for their child at any time. Individuals 16 and older may opt out of video recording for themselves at any time. All opt-out requests must be honored immediately and without delay.

The Organizer must provide a clear mechanism for parents, guardians, and individuals to opt out of video recording, which may include:

  • An opt-out option during the registration process for a meet
  • An opt-out option in the Gym Art mobile application
  • The ability to submit an opt-out request via email to the Organizer

Video Removal Requests

Requests for removal of videos that have already been recorded can be submitted either to the Organizer or directly to privacy@gymart.org. When a valid removal request is received:

  • Gym Art will remove the flagged video(s) within 48 hours of receiving and validating the request
  • The Organizer is responsible for assisting Gym Art in identifying the correct videos if the request is ambiguous
  • Once removed, videos will not be recoverable and will not be displayed in the Gym Art application
Note: Opt-out requests are processed immediately; however, videos may remain visible to users until the next data cache refresh, which typically occurs within 24 hours.
5

Retention and Deletion

Data Lifecycle

Default Retention Period

The default retention period for all video recordings is 1 year from the competition date. After one year, videos are automatically deleted from Gym Art's systems unless a longer retention period has been explicitly set.

Custom Retention Periods

At the time of meet setup, the Organizer must set a retention date for all videos recorded at that meet. The Organizer may:

  • Accept the default 1-year retention period
  • Set a shorter retention period (e.g., 6 months, 3 months)
  • Set a longer retention period (subject to reasonable limits and data protection principles)

Automatic Enforcement

Gym Art enforces automatic deletion of videos at the applicable retention date. Videos are deleted from all storage systems and cannot be recovered after deletion.

Early Deletion

The Organizer may request early deletion of videos from a meet before the retention date expires. Early deletion requests should be submitted to privacy@gymart.org. Gym Art will process early deletion requests within 5 business days.

Important: Organizers must carefully consider their retention period needs at the time of meet setup, as the retention date is binding and will trigger automatic deletion.
6

Prohibited Uses

Critical Restrictions

The Organizer agrees that video recordings obtained through the Gym Art platform shall NOT be used for any of the following purposes:

Prohibited Use Explanation
Biometric Analysis Videos may not be analyzed to extract or process biometric information, including gait analysis, movement patterns, or other physical characteristics.
Facial Recognition Videos may not be used with facial recognition technology, facial identification systems, or any form of automated facial analysis.
Automated Profiling Videos may not be used to create automated profiles, predict performance capabilities, or make automated decisions about gymnasts.
Targeted Advertising Videos may not be used for targeted advertising, marketing, or commercial profiling of gymnasts or their families.
Commercial Purposes Videos may not be licensed, sold, or used for any commercial purpose without explicit written consent from the gymnast or parent/guardian.
Social Media Distribution Videos may not be shared on social media, streaming platforms, or any platform outside the Gym Art mobile application.
Unauthorized Downloads Videos may not be downloaded, copied, or distributed by the Organizer without explicit written consent from the gymnast or parent/guardian.
Unauthorized Purposes Videos may not be used for any purpose other than viewing competition performances through the authorized access model described in Section 2.

Any use of video recordings in violation of these restrictions constitutes a material breach of this Video Agreement and may expose the Organizer to legal liability.

Enforcement: Gym Art monitors for unauthorized access patterns and will disable video features for any Organizer found to be in violation of these restrictions.
7

Security Requirements

Safeguards Technical

Organizer Security Obligations

The Organizer must ensure that any personnel within the Organizer's organization who have access to the video recording feature maintain strict confidentiality regarding video content and video-related technical information.

Access Control

The Organizer must not attempt to circumvent, bypass, or disable the video access controls implemented by Gym Art. The multi-condition access model outlined in Section 2 is a security mechanism designed to protect gymnasts, and unauthorized attempts to disable or work around these controls are prohibited.

Breach Reporting

The Organizer must report any suspected or confirmed unauthorized access to video content to privacy@gymart.org immediately upon discovery. The Organizer should provide:

  • A description of the unauthorized access incident
  • The date and time of the incident (if known)
  • The specific video(s) affected (if known)
  • Any individuals who may have been affected
Note: Gym Art employs encryption, authentication, and access logging to protect all video content. The Organizer's security obligations complement these technical safeguards.
8

Breach Notification

Critical Incident Response

General Breach Notification

Gym Art shall notify the Organizer of any data breach affecting video content within 72 hours of discovery, as required by the Organizer Data Processing Agreement. The notification will include:

  • Description of the breach
  • Data affected and number of individuals impacted
  • Likely consequences of the breach
  • Measures taken or planned to be taken to address the breach

Video-Specific Incident Response

In the event of a video-specific breach or unauthorized access incident, Gym Art will take the following additional steps:

  • Disable video access for affected meets pending investigation
  • Preserve forensic evidence and conduct a thorough investigation
  • Notify affected gymnasts and parents/guardians as required by applicable privacy laws
  • Provide a detailed incident report to the Organizer
  • Implement remediation measures to prevent recurrence
Important: Video content contains sensitive personal information, particularly for minors. Gym Art treats video-related security incidents with the highest priority.
9

Liability

Legal Risk Allocation

Organizer Responsibility

The Organizer bears primary responsibility for obtaining proper video-specific consent from all data subjects before enabling video recording. Gym Art relies on the Organizer's certification that appropriate consent has been obtained. Failure to obtain proper consent may expose the Organizer to regulatory fines and civil liability.

Organizer Indemnification

The Organizer indemnifies, defends, and holds harmless Gym Art from any claims, damages, fines, or costs (including legal fees) arising from:

  • The Organizer's failure to obtain video-specific consent
  • Misrepresentation of consent status in the platform
  • The Organizer's violation of the Prohibited Uses in Section 6
  • The Organizer's unauthorized modification or circumvention of video access controls
  • Any use of videos outside the authorized access model

Gym Art Indemnification

Gym Art indemnifies the Organizer for claims arising from:

  • Breaches of the video access model implemented by Gym Art (e.g., unauthorized exposure of videos due to Gym Art's technical failure)
  • Gym Art's violation of data protection obligations under this Video Agreement
  • Unauthorized access to videos caused by Gym Art's security failure
Note: This liability allocation reflects the principle that each party is responsible for its own obligations. The Organizer controls consent; Gym Art controls technical security and access controls.
10

Term

Duration

Activation

This Video Agreement becomes effective for a specific meet when the Organizer enables the video recording feature for that meet in the Gym Art platform.

Renewal for Each Meet

This Video Agreement must be re-accepted by the Organizer each time video recording is enabled for a new meet. The Organizer's acceptance certifies that appropriate consent has been obtained for all gymnasts who will be recorded at that meet.

Retroactive Application to Prior Events

By accepting this Video Agreement, the Organizer acknowledges and agrees that the terms, obligations, and representations set forth herein apply retroactively to all prior competition meets for which the Organizer enabled video recording on the Gym Art Meets platform, regardless of when those events took place.

Specifically, the Organizer confirms that:

  • For all prior events where video recording was enabled, the Organizer obtained verifiable parental/guardian consent specifically for video recording for each gymnast under the applicable age thresholds, in accordance with COPPA (16 CFR Part 312), Loi 25, PIPEDA, and all other applicable privacy laws;
  • The Organizer has maintained (and continues to maintain) records of the video-specific consents obtained for prior events, and can provide evidence of such consent upon request;
  • The Organizer accepts full responsibility for all video recordings from prior events that remain accessible on the Gym Art platform, including compliance with the access model, retention terms, and prohibited uses described in this Agreement;
  • The Organizer's indemnification obligations under this Video Agreement extend to claims arising from video recordings made at prior events;
  • Any video recordings from prior events that remain on the Gym Art platform are subject to the retention and deletion provisions of this Agreement, and will be automatically deleted in accordance with the applicable retention schedule.

Continued use of the video recording feature on the Gym Art Meets platform constitutes acceptance of this retroactive application. If the Organizer does not agree to these retroactive terms, the Organizer must notify Gym Art in writing at privacy@gymart.org within 30 days. Gym Art will then disable video access for the Organizer's prior events and delete all associated video recordings.

Termination

This Video Agreement terminates for a specific meet when all video data from the relevant meet has been deleted in accordance with Section 5. The Organizer's obligations regarding consent, confidentiality, and prohibited uses continue to apply to any videos that remain accessible during the retention period.

Survival

The Organizer's indemnification obligations and Gym Art's data protection obligations survive termination of this Video Agreement for as long as any video data from the relevant meet is retained or accessible.

11

Governing Law

Legal Framework

This Video Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts located in Montréal, Quebec.

This provision is consistent with the governing law provision in the Organizer Data Processing Agreement. Where any conflict exists between the two agreements, the more restrictive provision with respect to data protection shall apply.

12

Contact

Support

Privacy Inquiries and Removal Requests

For questions regarding this Video Agreement, to report privacy concerns, to request video removal, or to submit opt-out requests:

privacy@gymart.org

General Support

For general inquiries about Gym Art and the video recording feature:

info@gymart.org

Mailing Address

Gym Art Inc.
1412 rue Aylwin
Montréal, QC H1W 3B7
Canada