Privacy Policy

This policy explains how Whitakr collects, uses, discloses and protects personal information, including sensitive health information. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

1. Who we are

Whitakr provides merits-assessment services to law firms. We can be contacted at admin@whitakr.com.au. In this policy, “we”, “us” and “our” refer to Whitakr; “you” refers to the instructing law firm and its personnel.

2. The information we collect

To carry out a merits assessment we may collect and hold:

• case materials provided by the instructing firm, which may include personal information and sensitive information (including health and medical records) about a claimant;
• the contact details of the firm’s personnel who deal with us;
• information you submit through our forms or by email; and
• limited technical information collected by our hosting and security providers to keep the service secure.

3. How we collect it

We generally collect information directly from the instructing firm — through our case-intake form, by email, or by other arrangement — rather than from the claimant. Where we obtain medical records, we do so for, and on the instructions of, the firm.

4. Why we collect it and how we use it

We collect and use information only to provide the assessment the firm has asked us to perform, namely to request and review records, examine the merits, consult the medical practitioners on our expert panel, form a considered view, communicate with the firm, keep the service secure, and meet our legal obligations.

5. Sensitive (health) information and consent

Health information is sensitive information under the Privacy Act and is given a higher level of protection. We handle it on behalf of the instructing firm. The instructing firm is responsible for ensuring it has the claimant’s consent (or another lawful basis) to collect that information and to share it with us for the purpose of the assessment.

6. Who we disclose it to

We may share information:

• with the medical practitioners on our expert panel, for the purpose of assessing the clinical merits;
• with trusted service providers who help us run the service securely (such as hosting and email providers), bound by confidentiality obligations and permitted to use it only for that purpose; and
• where required or authorised by law.

We do not sell personal information, and we do not use it for advertising.

7. How we store and protect it

Information is held in secure electronic form, hosted in Australia. Access is limited to the people and experts who need it for the assessment. We take reasonable steps to protect information from misuse, interference and loss, and from unauthorised access, modification or disclosure.

8. Storage location

We store case information on infrastructure located in Australia. If at any time a provider we use operates outside Australia, we will take reasonable steps to ensure your information remains protected to a standard consistent with the APPs.

9. How long we keep it

We keep information only for as long as we need it for the engagement and to meet our legal obligations, after which we take reasonable steps to securely destroy or de-identify it.

10. Access and correction

The instructing firm may ask us to access or correct information we hold by contacting us at admin@whitakr.com.au. We will respond within a reasonable time and may need to verify identity and authority first.

11. Complaints

If you have a concern about how we have handled personal information, please contact us and we will work to resolve it. You may also contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.

12. Changes to this policy

We may update this policy from time to time. The current version will always appear on this page.

13. Contact us

Questions about this policy or your information can be sent to admin@whitakr.com.au.