The policy states that Whatnot collects audio and video content from seller and user livestreams, along with session metadata including stream duration, viewer counts, and interaction data.
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
Collection of audiovisual content from livestreams constitutes collection of biometric-adjacent data in some jurisdictions and may engage state biometric privacy statutes; session and interaction metadata from livestreams can be used for behavioral profiling and platform personalization as described elsewhere in the policy.
Interpretive note: Whether collection of livestream audio and video triggers Illinois BIPA or other biometric privacy statutes depends on whether Whatnot extracts biometric identifiers from the content, which the policy does not explicitly address.
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 →Removal of explicit provision about audiovisual content collection from livestreams eliminates transparency about sensitive broadcast data practices.
View full change record →This new provision explicitly discloses collection of audiovisual content and associated metadata from livestreams, which is a significant privacy-relevant data practice specific to Whatnot's core service.
View full change record →Under this provision, Whatnot collects and retains audiovisual content broadcast by users during livestream sessions, along with associated session metadata, which the policy authorizes for use in platform improvement and personalized features.
How other platforms handle this
To stop us collecting your location information, you can update your device settings, stop using the Service, or uninstall our mobile apps.
Your Profile will not publicly include or link to Your Content submitted semi-/anonymously to our services.
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 use our live streaming features, we collect the audio and video content you broadcast, as well as information about your live stream sessions, including duration, viewer counts, and interaction data.Excerpt from Whatnot's Legal Terms
1) REGULATORY LANDSCAPE: Collection of audio and video from livestreams may engage Illinois BIPA if facial geometry or voiceprint data is derived from the content, though the policy does not explicitly state that biometric identifiers …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Ad personalization controls removed. Contact scanning added. Advertiser data partnerships quietly dropped. A timeline of every change.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
Collection of audiovisual content from livestreams constitutes collection of biometric-adjacent data in some jurisdictions and may engage state biometric privacy statutes; session and interaction metadata from livestreams can be used for behavioral profiling and platform personalization as described elsewhere in the policy.
Under this provision, Whatnot collects and retains audiovisual content broadcast by users during livestream sessions, along with associated session metadata, which the policy authorizes for use in platform improvement and personalized features.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.