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By posting content on Poshmark, users grant the company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, and sublicense that content for operating the service and for promotional and marketing purposes across any medium, including third-party platforms such as Facebook, Twitter, and Instagram. This license does not expire upon account closure.
This analysis describes what Poshmark's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that Poshmark and its affiliates retain ongoing rights to user-posted content for marketing and promotional purposes indefinitely, including after account deletion, across any current or future medium or technology. Compliance and legal teams should evaluate whether this perpetual license interacts with data subject deletion rights asserted under the CCPA or GDPR, as the tension between intellectual property licensing and privacy deletion rights may require jurisdiction-specific legal analysis.
Interpretive note: The interaction between a perpetual irrevocable content license and data subject deletion rights under GDPR or CCPA is legally unsettled and may vary by jurisdiction.
The updated Seller Policy formalizes seller obligations regarding item descriptions, pricing, and order fulfillment. Sellers must provide accurate, complete descriptions with original photos, avoid photo editing that obscures condition, and price items realistically. The policy states that price gouging is prohibited and that once a buyer accepts a listed price, a binding transaction exists requiring the seller to provide the item at that price. The policy also establishes that policy violations may result in account restrictions up to and including termination at Poshmark's sole discretion.
View change record →The updated policy establishes new restrictions on product categories previously allowed or unregulated, including prohibitions on used socks and underwear, mystery boxes with specific disclosure requirements, and strict conditions for cosmetics and electronics. Sellers who list prohibited items may face temporary or permanent account suspension, payment withholding, and item removal at Poshmark's discretion. The policy explicitly reserves the right to dispose or destroy prohibited items sent to authentication centers. You can report suspected violations to Poshmark, but enforcement decisions remain within the company's sole discretion.
View change record →Poshmark's updated Privacy Policy provides significantly more transparent disclosure about what personal data the company collects, how it uses that data, and how you can exercise your privacy rights. The policy now explicitly itemizes data collection points, including photos, videos, payment information, social media accounts, and user interaction data, and provides a dedicated section on consumer rights and choices. The policy also includes a dedicated California Privacy Notice supplement, indicating enhanced compliance with California privacy laws. You can review the full updated policy and California Privacy Notice to understand Poshmark's specific data practices and identify which privacy rights and choices are available to you.
View change record →Under this clause, content posted by users, including listing descriptions, photographs, and other materials, is licensed to Poshmark on a permanent, irrevocable basis for promotional use across third-party platforms. The agreement does not provide a mechanism for users to revoke this license upon account closure.
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"By Posting any User Content, you hereby grant to Poshmark and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Poshmark, your User Content in connection with (i) the operation of the Service or any other products or services of Poshmark or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content.Excerpt from Poshmark's Privacy Policy
1. REGULATORY LANDSCAPE: This provision implicates the GDPR right to erasure and the CCPA right to deletion, as both frameworks create tension with perpetual intellectual property licenses that may survive account deletion requests. The relevant enforcement authorities are the California Privacy Protection Agency, state attorneys general, and EU data protection authorities. Whether a perpetual content license is compatible with a valid deletion request under these frameworks is a legally unsettled question that may require jurisdiction-specific legal analysis. 2. GOVERNANCE EXPOSURE: Medium. The perpetual, irrevocable nature of the content license creates ongoing data governance exposure, particularly for jurisdictions that recognize broad deletion rights. The sublicensable and transferable scope of the license means third parties may also hold rights to user content, complicating deletion workflows. 3. JURISDICTION FLAGS: EU and EEA users present heightened exposure due to GDPR Article 17 right to erasure. California users may assert deletion rights under CPRA. The enforceability of a perpetual irrevocable license against a valid deletion request has not been conclusively resolved by regulatory authorities in either jurisdiction. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations whose employees or representatives post content on Poshmark in a business capacity should assess whether this license creates unintended intellectual property assignments. The sublicensable nature of the license means downstream third-party use of content may occur without further notice to the user. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the company's account deletion workflow addresses the scope of this license, whether the license disclosure meets transparency requirements under applicable privacy law, and whether the policy's marketing use authorization is consistent with user consent expectations in EU and California contexts.
This provision establishes that Poshmark and its affiliates retain ongoing rights to user-posted content for marketing and promotional purposes indefinitely, including after account deletion, across any current or future medium or technology. Compliance and legal teams should evaluate whether this perpetual license interacts with data subject deletion rights asserted under the CCPA or GDPR, as the tension between intellectual property …
Under this clause, content posted by users, including listing descriptions, photographs, and other materials, is licensed to Poshmark on a permanent, irrevocable basis for promotional use across third-party platforms. The agreement does not provide a mechanism for users to revoke this license upon account closure.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Poshmark.