Video, Image and Footage Consent Policy and Notice
Reference copy · PHSL-VCP-2026-01 · 1.0 (Original Adoption)
PH STROKE LAB
Precision Technique Program
VIDEO, IMAGE AND FOOTAGE CONSENT POLICY AND NOTICE
Governing the recording, review, storage, publication, and deletion of video and images of swimmers, the majority of whom are children Adopted pursuant to Republic Act No. 10173 (Data Privacy Act of 2012), NPC Circular No. 2023-04, NPC Circular No. 2025-01, NPC Advisory No. 2024-03, Republic Act No. 7610, and Republic Act No. 11930.
| Field | Entry |
|---|---|
| Document reference | PHSL-VCP-2026-01 |
| Document title | Video, Image and Footage Consent Policy and Notice |
| Version | 1.0 (Original Adoption) |
| Personal Information Controller | PH Stroke Lab |
| Executed by | Jerard Dominic S. Jacinto, Founder and Data Protection Officer |
| Date of adoption | ______________________, 2026 |
| Date of effectivity | ______________________, 2026 |
| Next scheduled review | Twelve (12) months from the date of effectivity |
| Companion instruments | PHSL-DPP-2026-01 (Data Privacy Policy and Privacy Notice); PHSL-DRP-2026-01 (Data Retention Policy); PHSL-DUP-2026-01 (Data Usage Policy) |
| Status | Adopted as a sworn instrument and published in full on the PH Stroke Lab website and Portal. |
1. DECLARATION OF POLICY
1.1 Why Footage Is Recorded. The methodology of PHSL rests on the identification of a root cause rather than a symptom, and on the sequenced correction of a single primary fault across a block of sessions. Neither is possible from the pool deck alone. Footage, and in particular underwater and frame-by-frame Footage, is the instrument by which a dropped elbow, a cross-over entry, a sinking hip, or a collapsing kick timing is seen, measured, and proven to have changed. Footage is therefore integral to the service, and this is disclosed to every Guardian before enrollment.
1.2 Recognition of Sensitivity. PHSL equally recognizes that this Footage depicts children in swimwear, in and around water, at a training facility, and that such material carries risks entirely disproportionate to its technical value if it escapes the control of PHSL. The controls in this instrument are adopted accordingly. They are not subject to relaxation for convenience, for a marketing opportunity, for a sponsor, or at the request of any partner organization.
1.3 Binding Effect. This instrument binds PHSL, its Founder, and every coach, specialist, contractor, volunteer, and administrative person engaged by PHSL. Adherence is a condition of engagement, and a breach of Section 9.1 is a ground for immediate termination.
2. PERSONAL INFORMATION CONTROLLER AND DATA PROTECTION OFFICER
2.1 Identity of the Controller. The Personal Information Controller ("PIC") for all processing described in this instrument is PH STROKE LAB ("PHSL"), a specialist swim technique and measurement program organized and operating under the laws of the Republic of the Philippines, represented by its Founder, Jerard Dominic S. Jacinto.
2.2 Contact Details. All communications relating to this instrument, including the exercise of any right of a data subject, may be addressed as follows:
| Field | Entry |
|---|---|
| Personal Information Controller | PH Stroke Lab |
| Represented by | Jerard Dominic S. Jacinto, Founder |
| Registered or operating address | _________________________________________________ |
| Electronic mail for privacy matters | jaojacinto2@gmail.com |
| Mobile number | +63 961 750 3272 |
| Data Protection Officer | Jerard Dominic S. Jacinto (concurrent capacity) |
| Website | _________________________________________________ |
| Swimmer Portal | _________________________________________________ |
2.3 Designation of the Data Protection Officer. PHSL designates Jerard Dominic S. Jacinto as its Data Protection Officer in concurrent capacity with his role as Founder, in accordance with NPC Advisory No. 2017-01. PHSL discloses that this concurrence is a consequence of its present size and undertakes to designate an independent Data Protection Officer, or a Compliance Officer for Privacy reporting to a Data Protection Officer, upon the engagement of additional administrative personnel. The Data Protection Officer shall not be penalized for the performance of his statutory functions, and no instruction shall be given to him as to the manner in which he discharges them.
2.4 Disclosure as to Business Registration. PHSL discloses that, as at the date of adoption of this instrument, its business registration with the Department of Trade and Industry and the Bureau of Internal Revenue is in process. This instrument is accordingly executed by Jerard Dominic S. Jacinto in his personal capacity and as the natural person operating under the business name "PH Stroke Lab," and the obligations assumed in it are assumed by him personally. Upon completion of business registration, this instrument shall be re-executed in the name of the registered entity, without diminution of any obligation assumed or of any right of a data subject accrued under this version.
2.5 Registration Status with the National Privacy Commission. PHSL employs fewer than two hundred fifty (250) persons and processes the sensitive personal information of fewer than one thousand (1,000) individuals. PHSL nonetheless acknowledges that its processing involves the health information and video footage of children and involves transfer outside the Philippines, and may therefore be characterized as processing likely to pose a risk to the rights and freedoms of data subjects within the meaning of Section 5 of NPC Circular No. 2022-04. PHSL therefore undertakes to register its Data Processing System and its Data Protection Officer with the National Privacy Commission through the National Privacy Commission Registration System, and, in the event registration is ultimately determined not to be required, to execute and file the sworn declaration prescribed by that Circular. PHSL shall in every case file the Annual Security Incident Report on or before the thirty-first (31st) day of March of each year, reporting nil where no incident occurred during the covered period.
3. SCOPE
3.1 Application. This instrument applies to all Footage captured, generated, received, held, reviewed, transmitted, published, or deleted by PHSL or by any person acting for it, whether captured in the pool, on the deck, at a competition, during an online session, or uploaded through the Portal.
3.2 Relationship to the Other Instruments in the Set. This instrument forms part of a set of four (4) policies adopted together on the same date and to be read as one framework, namely the Data Privacy Policy and Privacy Notice (PHSL-DPP-2026-01), the Data Retention Policy (PHSL-DRP-2026-01), the Data Usage Policy (PHSL-DUP-2026-01), and the Video, Image and Footage Consent Policy and Notice (PHSL-VCP-2026-01). It is further to be read with the PH Stroke Lab Parent and Guardian Consent and Liability Waiver and with the Program Partnership Agreement between PH Stroke Lab and Swim League Philippines. Where any of those documents affords a data subject greater protection than this instrument, that document prevails to the extent of the greater protection. In every other case of irreconcilable conflict on a matter of data protection, this instrument prevails. Footage is personal data and, where the subject is a Child, is data of heightened risk. The Data Privacy Policy governs the lawful basis, the rights of the data subject, security, and breach. The Data Retention Policy governs the periods for which Footage is held. The Data Usage Policy governs who within PHSL may see it. This instrument governs the consent, the manner of capture, and the manner of publication, and prevails over the others in the event of conflict as to Footage.
4. DEFINITIONS AND STANDARD PERIODS
4.1 Adopted Definitions. Terms defined in Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (the "DPA"), and in its Implementing Rules and Regulations (the "IRR"), bear the same meaning in this instrument. In addition, and consistently across all four instruments in the set, the following terms are used as follows:
"Batch" means a cohort of Swimmers enrolled together in a single running of the Program. The maximum size of a Batch is fixed by the applicable partnership or enrollment agreement and does not affect the operation of this instrument.
"Child" means consistent with NPC Advisory No. 2024-03, a person below eighteen (18) years of age, or a person eighteen (18) years of age or over who is unable to fully take care of or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
"Coaching Team" means Jerard Dominic S. Jacinto (in-water stroke coaching), Nathan Jao (out-of-pool education, metrics, and mental conditioning), and Lukasz Gorkas (athletic training, mobility, and biomechanics), together with any coach or specialist subsequently engaged by PHSL in writing.
"Footage" means any video recording, still photograph, screen capture, frame extraction, motion-tracking overlay, annotated still, or other derivative visual record of a Swimmer captured or generated by or for PHSL, together with any audio incidentally captured with it.
"Guardian" means the parent or legal guardian of a Swimmer who is a Child, being the person authorized under law to give consent on that Swimmer’s behalf.
"Portal" means the secure online platform operated by or for PHSL through which Swimmers, Guardians, and the Coaching Team access Program materials, submit and review Footage, and view records of progress.
"Program" means the PHSL Precision Technique Program, comprising an in-pool correction phase and a subsequent online check-in and reinforcement phase, the venue, cadence, session count, and duration of which are fixed for each Batch by the applicable enrollment or partnership agreement and by the schedule issued to each Swimmer.
"Program Data" means the technical record generated by PHSL in respect of a Swimmer, including the baseline diagnostic assessment, identified symptom and root cause, prescribed drills, cues and progressions, stroke count, stroke rate, breakout distance, split and benchmark times, fresh and fatigued scoring, mobility assessment, attendance, mid-block and mid-phase checks, self-report, and the end-of-Program summary report.
"SLP" means Swim League Philippines, the organization with which PHSL has entered into a Program Partnership Agreement.
"Swimmer" means an individual enrolled in, applying to, or previously enrolled in the Program.
"Working day" means a day other than a Saturday, a Sunday, or a regular or special non-working holiday declared in the National Capital Region.
4.2 Standard Periods. The following periods apply uniformly across all four instruments in the set. Where any other document issued by PHSL states a different period for the same act, the period below prevails.
| Act | Period |
|---|---|
| Acknowledgment of a data subject request or complaint | Two (2) working days from receipt |
| Substantive response to a data subject request or complaint | Fifteen (15) working days from receipt of a complete request |
| Extension of the response period, once only, with notice and reasons given before the original period expires | A further fifteen (15) working days |
| Effect given to a withdrawal of consent in respect of internal processing | Seven (7) calendar days |
| Effect given to a withdrawal of consent in respect of material already published | Thirty (30) calendar days |
| Internal report of a security incident or suspected breach to the Data Protection Officer | Four (4) hours from becoming aware |
| Notification of a notifiable personal data breach to the National Privacy Commission and to affected data subjects | Seventy-two (72) hours from knowledge of, or reasonable belief in, its occurrence |
| Revocation of all access upon cessation of an engagement | Twenty-four (24) hours |
| Certification by departing personnel of deletion of all personal data held | Seven (7) calendar days from cessation |
| Update of the register of processing activities following any change | Ten (10) calendar days |
| Notice to Guardians of a material amendment to any instrument in the set | Not less than fifteen (15) calendar days before effectivity |
| Review of each instrument in the set | At least once every twelve (12) months |
5. REGULATORY BASIS
5.1 Instruments Applied. This instrument gives effect to Sections 12 and 13 of the DPA; to NPC Circular No. 2023-04 on consent; to NPC Circular No. 2025-01 on the processing of personal data collected using body-worn cameras and alternative recording devices, which expressly include mobile telephones and action cameras of the kind used by PHSL; to NPC Advisory No. 2024-03 on child-oriented transparency; and to Republic Act No. 7610 and Republic Act No. 11930 in respect of the protection of children.
5.2 Standards Adopted Voluntarily. Where an issuance is advisory rather than mandatory in form, PHSL adopts it as binding upon itself for the purposes of this instrument.
6. THE THREE CONSENTS
6.1 Granularity. Consent to Footage is not given once and for all purposes. Three separate consents are sought, each recorded by a separate item in the Parent and Guardian Consent and Liability Waiver and mirrored in the Portal and in the form at Annex A, each independently granted and each independently revocable.
| Consent | Status | What it permits | What it does not permit |
|---|---|---|---|
| Internal coaching use | Required | Recording of the Swimmer during sessions; review by the Coaching Team; frame extraction, annotation, and measurement; storage in the encrypted repository; comparison against baseline; inclusion in the Swimmer’s own record and end-of-Program report | Any viewing by a person outside the Coaching Team; any publication; any use in teaching material; any transfer to a third party |
| Anonymized educational use | Optional | Use of Footage from which identifying features have been removed or obscured, for coaching education, internal training of PHSL personnel, and case study development | Use of the Swimmer’s name, club, or meet, or any detail permitting identification; publication on public channels; use where anonymization cannot be reliably achieved |
| Marketing and promotional use | Optional | Use of identifiable Footage and photographs in PHSL marketing, social media, website, and promotional materials, subject to the standing conditions in Section 13 | Use by any third party, including a partner organization or sponsor, without separate consent; any use after withdrawal; any use pairing image with locational or scheduling detail |
6.2 No Bundling. The three consents shall never be presented as a single item, a single signature, or a single acceptance, and none shall be pre-ticked. A Guardian who consents to the first and declines the second and third receives the Program in full, at the same price, and without disadvantage of any kind.
6.3 Consent Is Specific. A consent given in respect of one Batch does not extend to a subsequent Batch. Consent is taken afresh at each enrollment.
7. CONSENT MECHANICS
7.1 Before the First Session. No Footage of a Swimmer shall be recorded before the executed Parent and Guardian Consent and Liability Waiver is on file with PHSL and has been verified by the Data Protection Officer. Where a partner organization is responsible under a partnership agreement for collecting waivers, that allocation does not relieve PHSL of this verification duty.
7.2 Swimmer Acknowledgment. Where the Swimmer is fourteen (14) years of age or over, the Swimmer’s own acknowledgment is sought in addition to the consent of the Guardian. Where the Swimmer is under fourteen (14), the coach shall nonetheless explain to the Swimmer, in terms the Swimmer can follow, that he or she is being recorded, why, and that he or she may decline on any given day.
7.3 Objection in the Moment. Where a Swimmer objects to being recorded on a given day, or to a particular use, the objection is honored immediately by the coach present, recorded in the session log at Annex C, and referred to the Guardian and the Data Protection Officer within twenty-four (24) hours. The objection is never overridden in the moment, even where the Guardian has consented. Where the objection is sustained, its consequence for the diagnostic work is discussed with the Guardian; it is never resolved by pressuring the Swimmer.
7.4 Withdrawal. A Guardian may withdraw any of the three consents at any time, in writing or by electronic mail, or using the form at Annex B, without giving reasons and without cost. Withdrawal takes effect prospectively. PHSL gives effect to it within seven (7) calendar days for internal processing and within thirty (30) calendar days for material already published, and confirms in writing when it has done so.
7.5 Record of Consent. PHSL maintains a consent register recording, for each Swimmer, which consents were given, on what date, by whom, in what form, and the date and effect of any withdrawal. The register is retained in accordance with the Data Retention Policy.
8. RECORDING PROTOCOL
8.1 Who May Record. Footage may be captured only by a member of the Coaching Team, or by a person expressly authorized in writing by the Founder for a specified session and a specified purpose. No Guardian, spectator, facility staff member, or other Swimmer may record within the PHSL training area.
8.2 Notice of Recording. Swimmers present shall be told at the commencement of every session that recording will take place. Where the recording device is capable of displaying a recording indicator, that indicator shall be visible and shall not be concealed. Where a facility permits public access to the pool area, a notice in English and Filipino shall be displayed at the PHSL lane allocation stating that recording is in progress, its purpose, the identity of PHSL, and where the privacy notice may be read.
8.3 Devices. Recording shall be conducted on devices designated by PHSL, which shall be passcode-protected with device-level encryption enabled. Where a personal device is used out of operational necessity, the Footage shall be transferred to the PHSL repository and deleted from the device, including from any automatic cloud backup, camera roll, recently deleted folder, and messaging application cache, before the end of the day on which it was captured, and the deletion confirmed to the Data Protection Officer.
8.4 Metadata and Integrity. Footage shall be preserved in an open format with embedded date and time, shall not be altered other than by the creation of an annotated derivative which is stored alongside the original, and shall not be edited in a manner which misrepresents what occurred.
8.5 Session Log. A log in the form at Annex C is completed for each session, recording the date, venue, coach recording, devices used, Swimmers recorded, any objection made, and any incidental capture of a third party.
8.6 No Live Transmission. PHSL does not livestream sessions, does not broadcast Footage in real time, and does not permit remote viewing of a session other than by a member of the Coaching Team through a secured connection.
9. EXCLUSION ZONES AND FRAMING
9.1 Absolute Exclusion Zones. No recording of any kind shall occur, and no recording device shall be brought into, a changing room, shower, toilet, or any area in which a person may reasonably expect to undress. This prohibition is absolute, admits of no exception, and applies to every device including personal telephones. A breach is a ground for immediate termination of engagement and for referral to the appropriate authorities.
9.2 Framing to Purpose. Footage shall be framed to the technical purpose and shall capture the stroke, the body line, and the movement under analysis. Footage shall not dwell on a Swimmer at rest, on the deck, or in any manner unrelated to the technical purpose.
9.3 Stopping and Deleting. Where a Swimmer is adjusting swimwear, or is otherwise in a position which would embarrass him or her, recording shall be stopped and the segment deleted. The deletion is noted in the session log and requires no approval.
10. SHARED FACILITIES AND THIRD PARTIES
10.1 Incidental Capture. Sessions are conducted at facilities which are not exclusive to PHSL. Where a person who is not an enrolled Swimmer appears incidentally in Footage, that Footage shall be used only for internal coaching purposes, shall never be published, and the incidental person shall be obscured before any educational or promotional use. Where an incidental person objects, the segment shall be deleted upon request.
10.2 Recording by Others. PHSL prohibits recording within its training area by persons other than the Coaching Team, displays signage to that effect, and instructs coaches to challenge any person observed recording and to report the matter to the Data Protection Officer. PHSL discloses candidly that it does not control a public or shared facility and cannot warrant that no person outside its control will record within that facility. Where PHSL becomes aware of such recording it shall report the matter to the facility operator and, where the circumstances warrant, to the appropriate authority, and shall inform the affected Guardian.
11. STORAGE, ACCESS, AND TRANSMISSION
11.1 Repository. All Footage is stored in a single encrypted repository under the control of the Data Protection Officer. Footage shall not be stored on a personal cloud account, a personal messaging application, a removable drive, or the camera roll of any device.
11.2 Naming and Segregation. Footage is filed under a Swimmer reference code rather than a name, and the key linking code to identity is held separately and access-controlled, so that compromise of the Footage repository does not by itself identify any Swimmer.
11.3 Access. Access to Footage is limited in accordance with the access matrix in the Data Usage Policy. Every access is logged. Footage is reviewed within the platform and is not downloaded except where necessary for frame analysis, in which case the local copy is deleted upon completion and the deletion logged.
11.4 Transmission. Footage shall not be transmitted by Short Message Service, by Facebook Messenger, or by any consumer messaging application. Footage is shared with a Guardian or Swimmer only through the Portal or by an expiring, access-controlled link sent to the registered electronic mail address of the Guardian.
11.5 Review Outside the Philippines. Where Footage is reviewed by a member of the Coaching Team located outside the Philippines, the safeguards in the Data Privacy Policy apply in full, and the review is conducted within the platform without local download save as permitted by Section 11.3.
11.6 Copies to the Guardian. A Guardian may at any time request a copy of the Footage of his or her own child. PHSL furnishes it within fifteen (15) working days, in a commonly used electronic format, with any third party in frame obscured.
12. RETENTION AND DELETION OF FOOTAGE
12.1 Periods. Footage is retained in accordance with the Data Retention Policy, namely twenty-four (24) months from capture for internal coaching use, and for the duration of the relevant consent for anonymized educational use and for marketing and promotional use.
12.2 Automatic Expiry. Footage held for internal coaching use is deleted automatically upon expiry of the retention period. The Data Protection Officer notifies the Guardian thirty (30) days before the scheduled deletion, and the Guardian may request a copy, an extension, or immediate deletion.
12.3 Deletion on Withdrawal. Upon withdrawal of a consent, the Footage held under that consent is deleted within the periods in Section 7.4, and the deletion is recorded in the consent register and in the disposal log.
13. PUBLICATION AND PROMOTIONAL USE
13.1 Standing Conditions. Even where marketing and promotional use has been consented to, PHSL observes the following without exception:
(a) no publication shall pair a Swimmer’s image with his or her full name, school, home address, or any detail of where and when the Swimmer trains;
(b) no publication shall carry geolocation metadata, and metadata shall be stripped from every file before publication;
(c) no publication shall depict a Swimmer in a manner which emphasizes the body rather than the technique;
(d) no publication shall depict a Swimmer in distress, in pain, in tears, or receiving a correction which would embarrass him or her;
(e) comments on PHSL social media posts featuring Swimmers shall be monitored, and any comment of a sexual, predatory, or harassing character shall be deleted and reported and the account blocked;
(f) no partner organization, sponsor, facility, or club may reproduce PHSL Footage of a Swimmer without separate written consent obtained by PHSL from the Guardian for that specific reproduction; and
(g) the Guardian shall be shown the specific material proposed for publication, and given a reasonable opportunity to object, before its first publication.
13.2 Take-Down. Upon withdrawal of consent, PHSL removes the material from every channel under its control within thirty (30) calendar days, deletes it from the source repository, and requests removal by any third party to whom it was lawfully supplied.
13.3 Honest Disclosure as to Irreversibility. PHSL discloses candidly that it cannot compel the deletion of a copy already downloaded, screen-captured, or reposted by an unrelated person, and that this limitation is inherent in publication of any kind. This limitation is explained to the Guardian before the consent is taken, and is recorded in the form at Annex A.
14. CHILD SAFEGUARDING
14.1 Duty to Report. Any member of PHSL personnel who becomes aware of Footage being used, sought, requested, or circulated in a manner suggestive of sexual interest in a Child shall report the matter immediately to the Founder and to the Data Protection Officer, who shall preserve the evidence without altering it, notify the Guardian, and report to the Philippine National Police Women and Children Protection Center or other competent authority. No internal consideration, including reputational concern or the interest of a partner organization, shall delay that report.
14.2 No Unaccompanied Recording. No member of personnel shall record a Swimmer alone. A second adult shall be present in the training area whenever Footage is being captured.
14.3 Screening of Personnel. PHSL shall satisfy itself as to the suitability of every person given access to Footage of Children, including by reference check and, where reasonably available, by clearance from the National Bureau of Investigation or the Philippine National Police.
14.4 Training. Every member of the Coaching Team receives orientation on this instrument before recording any Swimmer, and annually thereafter. The orientation is recorded.
14.5 No Contact Outside the Program. Personnel shall not contact a Swimmer privately through a personal account or channel, and all communication with a Swimmer who is a Child shall be conducted through the Portal or with the Guardian included.
15. SCOPE LIMITATION, ALLOCATION OF RESPONSIBILITY, AND LIABILITY
15.1 Nature of the Engagement. PHSL is engaged solely to provide specialist technical swimming coaching, diagnostic observation, measurement, and the reporting of technical findings. PHSL is not engaged to provide, and does not provide, medical care, medical evaluation, medical diagnosis, physiotherapy, nutritional prescription, psychological or psychiatric treatment, lifeguarding, facility safety oversight, or the supervision of a Swimmer outside a scheduled session. Nothing in this instrument, and nothing contained in any record generated under it, constitutes or is to be relied upon as medical advice or a medical opinion.
15.2 Responsibility of the Facility and the Partner Organization. Responsibility for the safety and suitability of the training facility, for the presence of lifeguarding and of qualified medical personnel where required, for emergency response, and for the general welfare of a Swimmer outside a scheduled coaching session, rests with the facility operator and with the partner organization that secured the facility, in accordance with the Program Partnership Agreement. PHSL does not assume and is not to be treated as having assumed any of those responsibilities by reason of the adoption of this instrument.
15.3 Warranties of the Guardian. By enrolling a Swimmer, the Guardian warrants that: (a) he or she is the parent or legal guardian of the Swimmer and is authorized to give the consents recorded in the Parent and Guardian Consent and Liability Waiver; (b) the information furnished to PHSL, and in particular the medical disclosure, is true, complete, current, and not misleading; (c) he or she will inform PHSL in writing, without delay, of any change in that information, including any injury, illness, medication, or condition arising during the Program; and (d) he or she will not upload to the Portal, or transmit to PHSL, any personal data of a person other than the Swimmer without that person’s authority.
15.4 Reliance. PHSL relies on the information furnished by the Guardian and by the Swimmer in the design and conduct of the technical work. To the fullest extent permitted by law, PHSL is not liable for any loss, injury, or damage arising from, or contributed to by, the failure to disclose a material condition, the furnishing of inaccurate or incomplete information, or the failure to notify PHSL of a change in that information.
15.5 No Guarantee of Outcome. Swimming performance is influenced by many factors beyond technical coaching, including individual physiology, growth, recovery, training load carried outside the Program, mental state, competition conditions, and circumstances outside the control of PHSL. PHSL does not warrant or guarantee any specific time improvement, qualifying result, selection outcome, or competitive result for any Swimmer, and no statement in any record generated under this instrument is to be construed as such a warranty.
15.6 Third-Party Platforms. PHSL uses hosting, storage, electronic mail, calendar, messaging, and payment services operated by third parties. Those parties act as independent controllers or as processors under their own terms. PHSL selects them with reasonable care, engages processors under written agreement, and remains accountable for personal data transferred to a processor. PHSL does not, however, warrant the security of a platform it does not operate, and is not liable for an act or omission of an independent controller, save to the extent that liability arises from PHSL’s own act, omission, or failure to exercise reasonable care in that party’s selection or instruction.
15.7 Security of the Guardian’s Own Environment. Where PHSL furnishes material to a Guardian or Swimmer, whether through the Portal, by expiring link, or otherwise, responsibility for the security of that material once received, including the security of the recipient’s device, account credentials, and network, and any onward sharing by the recipient, rests with the recipient. PHSL is not liable for a disclosure arising from the recipient’s own act or omission.
15.8 Irreversibility of Lawful Publication. Where material has been published with the consent of the Guardian and that consent is subsequently withdrawn, PHSL shall perform its take-down obligations under Section 13.2 in full. PHSL does not, however, warrant, and cannot warrant, that a copy taken by an unrelated third party before withdrawal can be recalled. To the fullest extent permitted by law, PHSL is not liable for the continued existence of such a copy, provided that PHSL has performed its take-down obligations. This limitation does not apply to any publication made by PHSL outside the scope of a consent.
15.9 Recording by Persons Outside PHSL Control. PHSL prohibits, signs against, challenges, and reports recording within its training area by persons other than the Coaching Team. PHSL does not operate the training facility and does not control public access to it. To the fullest extent permitted by law, PHSL is not liable for a recording made by a person outside its control at a shared or public facility, provided that PHSL has performed the obligations in Section 10.2. This limitation does not extend to any act or omission of PHSL personnel.
15.10 Force Majeure. PHSL is not liable for a failure or delay in the performance of an obligation under this instrument to the extent caused by an event beyond its reasonable control, including natural disaster, public health emergency, governmental action, civil disturbance, facility closure, or the failure of a public utility or telecommunications network. PHSL shall give notice of the event and shall resume performance as soon as reasonably practicable. This provision does not extend the seventy-two (72) hour period for the notification of a personal data breach.
15.11 Limitation of Liability. To the fullest extent permitted by law, and save as provided in the following Section, the aggregate liability of PHSL to any Guardian or Swimmer arising out of or in connection with this instrument, whether in contract, quasi-delict, or otherwise, shall not exceed the total fees actually received by PHSL in respect of that Swimmer, and PHSL shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of opportunity, loss of selection, or loss of sponsorship.
15.12 Non-Derogation. Nothing in this instrument operates, or is to be construed as operating, to: (a) exclude or limit the liability of PHSL for gross negligence or willful misconduct; (b) exclude or limit any liability which cannot lawfully be excluded or limited, including criminal and administrative liability under the DPA; (c) waive, diminish, or condition any right of a data subject under the DPA, its IRR, or the issuances of the National Privacy Commission, every such right being non-waivable and every purported waiver of it being void; (d) restrict the right of any person to complain to the National Privacy Commission or to any other competent authority; or (e) limit the rights of a Child under Republic Act No. 7610, Republic Act No. 11930, or any other law enacted for the protection of children. Any provision of this instrument which would otherwise have such an effect shall be read down to the minimum extent necessary to give effect to this Section, and shall otherwise remain in full force.
15.13 Relationship to the Waiver. This Section supplements, and does not replace, reduce, or supersede, the assumption of risk, release of liability, and indemnity provisions of the PH Stroke Lab Parent and Guardian Consent and Liability Waiver. Where the two instruments address the same subject matter, they are to be read together and cumulatively.
16. GOVERNANCE, REVIEW, AND AMENDMENT
16.1 Accountability. PHSL is responsible for personal data under its control or custody, including personal data transferred to a third party for processing, whether within or outside the Philippines, and remains accountable for compliance by that third party. The Data Protection Officer monitors compliance with this instrument, maintains the register of processing activities, the consent register, the access log, the disposal log, and the record of security incidents, and reports annually to the Founder on the state of compliance.
16.2 Privacy Impact Assessment. A Privacy Impact Assessment shall be conducted before the commencement of each Batch, before the launch of the website or Portal or any material change to either, before the adoption of any new processing tool, platform, or vendor, before the collection of any new category of personal data, and before any new transfer outside the Philippines. Where the assessment concerns the personal data of Children, it shall expressly address the age range affected, the risks arising from the depiction of Children, the adequacy of the age-appropriate notice, and the measures adopted to prevent identification of or contact with a Child by an unauthorized person.
16.3 Training and Undertakings. Every coach, specialist, contractor, and volunteer shall execute a written confidentiality and data protection undertaking before any access to personal data is granted, and shall receive orientation on this instrument before engagement and refresher orientation at least annually. The undertaking survives the termination of the engagement.
16.4 Sanction. A breach of this instrument by personnel is a ground for suspension or termination of engagement, without prejudice to civil, criminal, and administrative liability under Sections 25 to 34 of the DPA.
16.5 Review. This instrument shall be reviewed at least once every twelve (12) months, and additionally upon any material change in the operations of PHSL, upon the issuance of any circular, advisory, or opinion of the National Privacy Commission bearing on its subject matter, and following any personal data breach.
16.6 Amendment. An amendment takes effect upon publication on the PHSL website and Portal. Where an amendment materially affects the rights of data subjects or the purposes of processing, PHSL shall notify affected Guardians directly, giving not less than fifteen (15) calendar days’ notice, and shall obtain fresh consent where consent is the lawful basis and the purpose, scope, method, or extent of processing has changed. An amendment to one instrument in the set which affects another shall be made to both at the same time, so that the set remains internally consistent.
16.7 Version Control. Every version of this instrument shall be retained together with its dates of effectivity, so that the terms applicable at any past date can be established.
17. MISCELLANEOUS
17.1 Governing Law. This instrument is governed by and construed in accordance with the laws of the Republic of the Philippines.
17.2 Severability. Should any provision of this instrument be held invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
17.3 No Waiver. The failure of PHSL to enforce any provision shall not constitute a waiver of that provision or of any other.
17.4 Interpretation. Headings are for convenience only and do not affect interpretation. The singular includes the plural and the plural the singular. A reference to a statute, circular, or advisory includes that instrument as amended, superseded, or replaced. The words "including" and "in particular" are illustrative and not limiting.
17.5 Publication and Availability. This instrument shall be published in full on the PHSL website and Portal, furnished to every Guardian at enrollment, and made available to the National Privacy Commission and to any data subject upon request. A Filipino translation of the summary notice shall be furnished upon request.
17.6 Effectivity. This instrument takes effect on the date stated in the Document Control table and remains in force until amended or superseded in accordance with Section 16.
ANNEX A FOOTAGE CONSENT FORM
To be completed by the parent or legal guardian of every Swimmer before the Swimmer’s first session. This form mirrors, and does not replace, the media and footage consent recorded in the Parent and Guardian Consent and Liability Waiver. Each item is separate. Nothing is pre-ticked. Declining either optional consent has no effect whatsoever on the Swimmer’s place in the Program, on the price paid, or on the coaching received.
| Field | Entry |
|---|---|
| Full name of Swimmer | |
| Date of birth and age | |
| Full name of parent or legal guardian | |
| Relationship to Swimmer | |
| Mobile number | |
| Electronic mail address | |
| Batch reference |
- INTERNAL COACHING USE (required for participation)
I consent to the recording of the Swimmer during sessions and to the use of that Footage by the PH Stroke Lab Coaching Team for diagnostic analysis, technique correction, measurement, and progression tracking. I understand this Footage is not published, is not shown to anyone outside the Coaching Team, and is deleted twenty-four (24) months after capture.
☐ Yes, I consent to internal coaching use.
- ANONYMIZED EDUCATIONAL USE (optional)
I consent to the use of Footage of the Swimmer, with identifying features removed or obscured, for coaching education, internal training of PH Stroke Lab personnel, and case study development. I understand the Swimmer’s name, club, and meet will not be used, and that I may withdraw this consent at any time.
☐ Yes, I consent to anonymized educational use.
☐ No, I do not consent to anonymized educational use.
- MARKETING AND PROMOTIONAL USE (optional)
I consent to the use of identifiable Footage and photographs of the Swimmer in PH Stroke Lab marketing, social media, website, and promotional materials, subject to the standing conditions in Section 13 of the Video, Image and Footage Consent Policy. I have read those conditions. I understand that I may withdraw this consent at any time and that PH Stroke Lab will remove the material from every channel under its control within thirty (30) days, but that PH Stroke Lab cannot recall a copy already downloaded or reposted by an unrelated person.
☐ Yes, I consent to marketing and promotional use.
☐ No, I do not consent to marketing and promotional use.
- DISCLOSURE OF THE END-OF-PROGRAM REPORT TO THE HOME CLUB COACH (optional)
I consent to the transmission of the Swimmer’s end-of-Program summary report, fault map, and next priority correction to the Swimmer’s home club coach. I may withdraw this consent at any time before transmission.
☐ Yes, I consent to disclosure to the home club coach.
No, I do not consent to disclosure to the home club coach. ☐ I confirm that I am the parent or legal guardian of the Swimmer, that I have read the Video, Image and Footage Consent Policy and the Data Privacy Policy of PH Stroke Lab, and that each consent above is given freely and may be withdrawn by me at any time without cost and without giving reasons.
| Signature of parent or legal guardian | Date |
|---|---|
| Printed name | |
Where the Swimmer is fourteen (14) years of age or over, the Swimmer’s acknowledgment is also requested:
| Signature of Swimmer | Date |
|---|---|
| Printed name | |
ANNEX B WITHDRAWAL OF CONSENT AND TAKE-DOWN REQUEST
Send to jaojacinto2@gmail.com or submit through the PH Stroke Lab Portal. No reason need be given. There is no cost. PH Stroke Lab acknowledges within two (2) working days, gives effect to the withdrawal within seven (7) calendar days for internal processing and thirty (30) calendar days for material already published, and confirms in writing when it has done so.
| Field | Entry |
|---|---|
| Name of Swimmer | |
| Name of parent or legal guardian | |
| Contact number and electronic mail address | |
| Date of this request |
I withdraw the following consent or consents:
Internal coaching use (I understand this ends the diagnostic work and I request a discussion with ☐ the coach) Anonymized educational use ☐ Marketing and promotional use ☐ Disclosure of the end-of-Program report to the home club coach ☐ I additionally request the following:
☐ Take-down of specific published material (identify below)
☐ A copy of the Footage of the Swimmer before deletion
☐ Immediate deletion of all Footage of the Swimmer
Material to be taken down, with links or descriptions:
Signature: ____________________________________ Date: ______________________
FOR PH STROKE LAB USE ONLY
| Field | Entry |
|---|---|
| Date received and acknowledged | |
| Consent register updated on | |
| Internal processing ceased on | |
| Published material removed on | |
| Third parties notified, and source repository deleted on | |
| Written confirmation sent on |
ANNEX C RECORDING SESSION LOG
Completed by the coach recording, for every session in which Footage is captured. Retained with the Program Data.
| Field | Entry |
|---|---|
| Date and time | |
| Venue and lane allocation | |
| Coach recording | |
| Second adult present | |
| Devices used | |
| Recording notice given to Swimmers | |
| Signage displayed at lane allocation | |
| Swimmers recorded (reference codes) | |
| Objection made by a Swimmer, and action taken | |
| Segments stopped or deleted, and reason | |
| Incidental capture of a third party, and action taken | |
| Any person observed recording who was not authorized | |
| Footage transferred to repository on | |
| Device copies deleted on, and confirmed to DPO |
Signature of coach recording: ______________________________ Date: ______________________