The policy discloses that personal information may be transferred to and processed in countries outside the user's country of residence, including countries with different data protection standards, and asserts that appropriate safeguards have been implemented.
This analysis describes what Whatnot'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 addresses cross-border data transfers, which for EU and UK users require specific transfer mechanisms under GDPR and UK GDPR; the policy's reference to 'appropriate safeguards' without specifying the mechanism (such as standard contractual clauses or adequacy decisions) leaves the specific legal basis for transfers unspecified in the publicly available policy text.
Interpretive note: The policy references 'appropriate safeguards' without specifying the legal transfer mechanism relied upon for EU and UK data flows; the specific mechanism may be documented in supplementary materials not included in the policy text reviewed.
The updated Influencer Engagement Agreement now requires all disputes between influencers and Whatnot to be resolved through binding arbitration under the Terms of Service Section 21, rather than through California state or federal courts. This replaces the previous language permitting influencers to pursue legal claims in Los Angeles courts and waives jury trial rights. The agreement also removes language that explicitly limited dispute resolution to claims arising solely from the Influencer Agreement, extending arbitration to disputes relating to Whatnot Platform use and the influencer-platform relationship.
View change record →The new Australian Creator Program Terms establish binding legal requirements for creators submitting video content and promotional codes. Creators grant Whatnot a non-exclusive, worldwide, irrevocable license to use submitted videos across platforms (organic and paid social media, television, in-app, websites, and more) for one year from submission. The terms require creators to comply with Australian Consumer Law, AANA ethical standards, and AiMCO guidelines, with explicit disclosure requirements when promoting Whatnot or affiliated products. Rewards for approved Shopping Hauls submissions are issued within 30 business days of receiving both ad codes and raw video. You can review the specific disclosure and content standards on the Program Page before submitting content.
View change record →Under the updated agreement, Australian sellers can no longer resolve disputes through court proceedings in Los Angeles. Instead, all disputes related to the Whatnot platform or the seller relationship must be resolved through mandatory individual arbitration under Whatnot's main Terms of Service. The updated terms eliminate the jury trial waiver provision and replace court access with binding arbitration, with limited exceptions only as expressly permitted in the main Terms of Service.
View change record →The provision was generalized from a US-centric transfer model to any international transfer and added an assurance about safeguards, while removing the specific mention of US as the destination and the comparative language about protective laws.
View full change record →Under this provision, personal information of all users, including EU and UK residents, may be transferred to and processed in the United States or other countries; the policy asserts that safeguards are in place but does not specify the legal mechanism relied upon for EU and UK transfers in the policy text reviewed.
How other platforms handle this
to request that your data be transferred to a third party (data portability)
Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.
Further, you may take legal actions in relation to any potential breach of your rights regarding the processing of your Personal Information, as well as to lodge complaints before the competent data prot...
"Your personal information may be transferred to and processed in countries other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country. We have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy.Excerpt from Whatnot's Legal Terms
1) REGULATORY LANDSCAPE: GDPR Chapter V and UK GDPR require that transfers of personal data to third countries use an adequacy decision, standard contractual clauses, binding corporate rules, or another approved transfer mechanism.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Ad personalization controls removed. Contact scanning added. Advertiser data partnerships quietly dropped. A timeline of every change.
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This provision addresses cross-border data transfers, which for EU and UK users require specific transfer mechanisms under GDPR and UK GDPR; the policy's reference to 'appropriate safeguards' without specifying the mechanism (such as standard contractual clauses or adequacy decisions) leaves the specific legal basis for transfers unspecified in the publicly available policy text.
Under this provision, personal information of all users, including EU and UK residents, may be transferred to and processed in the United States or other countries; the policy asserts that safeguards are in place but does not specify the legal mechanism relied upon for EU and UK transfers in the policy text reviewed.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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