Whatnot may use your personal data, including your activity and content on the platform, to train artificial intelligence and machine learning systems.
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
Your purchases, messages, viewing history, and other activity may be used to build and refine AI systems, and the policy does not specify limitations on how long or for what purposes this training data may be retained.
Interpretive note: The provision does not specify which categories of personal data are used for AI training, making it difficult to assess the full scope of this use without additional technical documentation.
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 removal of this provision eliminates explicit disclosure of AI/ML training on user data, which may reduce transparency around how personal information is used for algorithmic purposes.
View full change record →User-generated content and behavioral data may be used to train AI models, which could involve processing at scale with limited transparency about how inferences derived from that training are used downstream.
How other platforms handle this
If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services.
to request that your data be transferred to a third party (data portability)
"We may use the information we collect to develop, train, and improve our AI and machine learning models and systems, including to personalize your experience on the platform, to improve our recommendations, and to develop new features and services.Excerpt from Whatnot's Legal Terms
REGULATORY LANDSCAPE: This provision may require evaluation under GDPR Articles 13 and 14 regarding transparency of data use purposes, and Article 22 on automated decision-making and profiling if AI outputs are used to make decisions …
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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Your purchases, messages, viewing history, and other activity may be used to build and refine AI systems, and the policy does not specify limitations on how long or for what purposes this training data may be retained.
User-generated content and behavioral data may be used to train AI models, which could involve processing at scale with limited transparency about how inferences derived from that training are used downstream.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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