Provision record
Whatnot · Whatnot Legal Terms · View original document ↗

Sale or Sharing of Personal Information Opt-Out

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Document Record

What it is

The policy discloses that Whatnot may sell or share personal information as defined under California law, and provides California residents the right to opt out via a designated link on the platform.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision requires Whatnot to maintain a functional opt-out mechanism for California residents and to accurately disclose which categories of personal information are sold or shared with advertising and analytics partners, as required under CCPA and CPRA.

Recent Activity

This document changed recently

High Jun 24, 2026

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 →
Medium Jun 18, 2026

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 →
High Jun 16, 2026

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 →

Clause Stability Mostly Stable

1
Change
3
Months Monitored
May 20, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 5149 other provisions on other platforms.
This clause has changed once in 3 months of monitoring.

Change history

modified May 30, 2026

The provision was restructured to focus specifically on the California opt-out right, removing the general advertising partner sharing disclosure and simplifying the opt-out mechanism description.

View full change record →

Consumer impact (what this means for users)

Under this clause, California residents can direct Whatnot to stop selling or sharing their personal information for cross-context behavioral advertising by using the opt-out link on the platform; absent that action, the terms permit continued data sharing with advertising and analytics partners.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Locate and click the 'Do Not Sell or Share My Personal Information' link available on the Whatnot platform to submit an opt-out request for California residents.

How other platforms handle this

Notion Medium

To opt out of the offline disclosure of your information to third parties for these purposes, please email us at privacy@makenotion.com.

Tinder Medium

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.

ClickUp Medium

You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
California residents have the right to opt-out of the sale or sharing of their personal information. To opt-out of the sale or sharing of your personal information, please click on the 'Do Not Sell or Share My Personal Information' link available on our platform.

Excerpt from Whatnot's Legal Terms

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision directly engages the CCPA and CPRA, enforced by the California Privacy Protection Agency and the California Attorney General.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
Whatnot Legal Terms
Entity
Whatnot
Document last updated
May 5, 2026
Tracking information
First tracked
May 20, 2026
Last verified
May 20, 2026
Record ID
CA-P-012490
Document ID
CA-D-00732
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
edfabe18c30c0c9dfe08867c3872885e0d963241db8222ec0afffc7bd4e70e0c
Analysis generated
May 20, 2026 21:58 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Whatnot
Document: Whatnot Legal Terms
Record ID: CA-P-012490
Captured: 2026-05-20 21:58:33 UTC
SHA-256: edfabe18c30c0c9d…
URL: https://conductatlas.com/platform/whatnot/whatnot-legal-terms/provision/CA-P-012490/sale-or-sharing-of-personal-information-opt-out/
Accessed: Aug. 26, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Whatnot's Sale or Sharing of Personal Information Opt-Out clause do?

This provision requires Whatnot to maintain a functional opt-out mechanism for California residents and to accurately disclose which categories of personal information are sold or shared with advertising and analytics partners, as required under CCPA and CPRA.

How does this clause affect you?

Under this clause, California residents can direct Whatnot to stop selling or sharing their personal information for cross-context behavioral advertising by using the opt-out link on the platform; absent that action, the terms permit continued data sharing with advertising and analytics partners.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.

Is ConductAtlas affiliated with Whatnot?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.