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The policy discloses that Whatnot and its third-party partners deploy cookies, pixel tags, web beacons, mobile analytics software, and log files to support service delivery, analytics, and interest-based advertising.
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
The deployment of non-essential tracking technologies for advertising and analytics purposes requires user consent under the EU ePrivacy Directive and GDPR, and must be implemented through a consent management mechanism that captures freely given, specific, and informed consent prior to activation of non-essential trackers.
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, multiple categories of tracking technologies may be active during use of the Whatnot platform, including those deployed by third-party advertising and analytics partners independently. The policy states that users may manage cookie preferences through browser settings or the platform's cookie management tool.
How other platforms handle this
If your browser sends a Do Not Track (DNT) signal, GitHub will not set non-essential cookies and will not load third party resources which set non-essential cookies.
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.
Monitoring
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"We and our third-party partners use cookies, web beacons, pixel tags, mobile analytics software, log files, and other similar tracking technologies to help us provide and improve our Services, for analytics purposes, and to serve you advertisements that may be of interest to you.Excerpt from Whatnot's Legal Terms
1. REGULATORY LANDSCAPE: The EU ePrivacy Directive (as implemented in member states) requires prior, informed consent for non-essential cookies and tracking technologies. GDPR applies to the personal data collected through these technologies. The UK ICO's PECR (Privacy and Electronic Communications Regulations) imposes equivalent requirements for UK users. The FTC's guidance on online behavioral advertising and endorsement of the Digital Advertising Alliance opt-out framework is relevant for US users. 2. GOVERNANCE EXPOSURE: Medium. The breadth of tracking technologies disclosed (cookies, pixels, web beacons, mobile analytics, log files) and the involvement of third-party partners deploying their own trackers creates a complex consent management obligation. Cookie consent management platforms must be configured to prevent non-essential trackers from firing before consent is captured and recorded for EU and UK users. 3. JURISDICTION FLAGS: EU and UK (ePrivacy and GDPR consent requirements), California (CPRA treatment of cross-context behavioral advertising data collected via tracking technologies), and Canada (PIPEDA implied consent standards for cookie-based tracking). 4. CONTRACT AND VENDOR IMPLICATIONS: Third-party partners deploying tracking technologies on Whatnot's platform should be identified and assessed as data processors or independent controllers. Tag management audit logs should confirm that third-party scripts activate only post-consent for EU and UK users. Vendor agreements should specify permitted data uses for tracking data and prohibit re-use beyond disclosed purposes. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should audit the cookie consent management platform to verify that the consent banner captures legally sufficient consent for EU and UK users, that consent records are maintained, and that the list of active third-party cookies and trackers is current. A cookie audit should be conducted periodically to identify any trackers not disclosed in the policy.
Ad personalization controls removed. Contact scanning added. Advertiser data partnerships quietly dropped. A timeline of every change.
The deployment of non-essential tracking technologies for advertising and analytics purposes requires user consent under the EU ePrivacy Directive and GDPR, and must be implemented through a consent management mechanism that captures freely given, specific, and informed consent prior to activation of non-essential trackers.
Under this provision, multiple categories of tracking technologies may be active during use of the Whatnot platform, including those deployed by third-party advertising and analytics partners independently. The policy states that users may manage cookie preferences through browser settings or the platform's cookie management tool.
ConductAtlas has identified this type of provision across 295 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.