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The policy states that Whatnot collects precise geolocation data from user devices, subject to device-level permission, and uses this data for service delivery, analytics, and advertising purposes.
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
Precise geolocation constitutes sensitive personal information under CPRA, triggering a separate and distinct opt-out right from the general sale and sharing opt-out; and under GDPR may require explicit consent or a documented legitimate interest assessment depending on the purpose and data flows involved.
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 →Under this provision, the platform may collect precise location coordinates from a user's device if device-level permission is granted, and may use that data for advertising and analytics in addition to service functions. California residents have a separate right to limit the use and disclosure of precise geolocation as sensitive personal information under CPRA.
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"We collect precise geolocation data from your device when you use our App, with your permission. We use this information to provide location-based services and features, improve our services, and for advertising and analytics purposes.Excerpt from Whatnot's Legal Terms
1. REGULATORY LANDSCAPE: Precise geolocation is classified as sensitive personal information under CPRA Section 1798.121, giving California residents the right to direct Whatnot to limit its use and disclosure to what is necessary to perform services. The CPPA and California AG enforce this right. Under GDPR, location data enabling identification of a natural person may require explicit consent under Article 9 if linked to sensitive categories, or a documented legitimate interest assessment under Article 6. The FTC has also identified precise geolocation data as a category warranting heightened scrutiny. 2. GOVERNANCE EXPOSURE: High. The dual use of precise geolocation for both advertising and service delivery creates tension with CPRA's sensitive data use limitation right, which requires a separate disclosure and opt-out mechanism beyond the general Do Not Sell/Share link. If this separate mechanism is not implemented, CPPA enforcement exposure is elevated. 3. JURISDICTION FLAGS: California (CPRA sensitive data), EU and UK (GDPR consent or legitimate interest documentation), and Illinois (BIPA does not directly cover geolocation, but state privacy law developments may be relevant). In the EU, the ePrivacy Directive may also apply if geolocation is derived from device-based tracking. 4. CONTRACT AND VENDOR IMPLICATIONS: Advertising and analytics partners receiving precise geolocation data may require data processing agreements under GDPR specifying purpose limitation and data minimization obligations. Procurement review should confirm that third parties receiving location data are bound by appropriate contractual controls and do not re-use data beyond disclosed purposes. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that a separate sensitive personal information opt-out or limit-use mechanism is implemented and functional for precise geolocation under CPRA. Data mapping should confirm all downstream recipients of geolocation data. GDPR transfer impact assessments may be required if geolocation data flows from EU/UK to US-based advertising partners.
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Precise geolocation constitutes sensitive personal information under CPRA, triggering a separate and distinct opt-out right from the general sale and sharing opt-out; and under GDPR may require explicit consent or a documented legitimate interest assessment depending on the purpose and data flows involved.
Under this provision, the platform may collect precise location coordinates from a user's device if device-level permission is granted, and may use that data for advertising and analytics in addition to service functions. California residents have a separate right to limit the use and disclosure of precise geolocation as sensitive personal information under CPRA.
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