Get the weekly 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. No account.
The policy discloses that Whatnot sells and shares personal information with advertising technology companies and advertisers for cross-context behavioral advertising, and provides California residents with a right to opt out of this practice via a designated link.
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
This provision triggers disclosure, opt-out notice, and Global Privacy Control signal compliance obligations under the California Consumer Privacy Act as amended by the California Privacy Rights Act; the terms authorize ongoing data sharing with advertising and analytics partners unless the user actively exercises the opt-out right.
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, personal information including identifiers, browsing activity, and device data may be shared with advertising technology companies for targeted advertising purposes. The agreement provides a designated opt-out mechanism for California residents, which users must actively invoke to limit this sharing.
Cross-platform context
See how other platforms handle Sale and Sharing of Personal Information for Targeted Advertising and similar clauses.
Compare across platforms →Monitoring
Whatnot has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"We may sell or share your personal information to third parties, such as advertising technology companies and advertisers, for cross-context behavioral advertising purposes. You have the right to opt-out of the sale or sharing of your personal information. If you wish to opt-out of the sale or sharing of your personal information, you may do so by visiting the 'Do Not Sell or Share My Personal Information' link.Excerpt from Whatnot's Legal Terms
1. REGULATORY LANDSCAPE: This provision directly implicates the CCPA/CPRA, enforced by the California Privacy Protection Agency (CPPA) and California Attorney General. The CPRA amended the CCPA to establish a distinct right to opt out of sharing personal information for cross-context behavioral advertising, separate from the right to opt out of sale. The provision also engages FTC Act Section 5 unfair or deceptive practices authority where opt-out mechanisms may be assessed for effectiveness. EU and UK GDPR may require a lawful basis assessment for equivalent processing of EU/UK user data. 2. GOVERNANCE EXPOSURE: High. The disclosure that Whatnot sells and shares personal information for cross-context behavioral advertising creates ongoing CPRA compliance obligations including annual data inventory updates, opt-out link placement requirements, and Global Privacy Control (GPC) signal recognition. Failure to honor GPC signals is an area of active CPPA enforcement focus. 3. JURISDICTION FLAGS: California creates the highest exposure given CPRA's operative requirements. EU and UK users may have parallel rights under GDPR Article 21 to object to processing for direct marketing, and consent-based frameworks may apply to behavioral advertising cookies under ePrivacy Directive requirements. Canadian users may have relevant rights under PIPEDA and Quebec Law 25. 4. CONTRACT AND VENDOR IMPLICATIONS: Data sharing with advertising technology companies for behavioral profiling may require data processing agreements or data sharing agreements under GDPR. Procurement teams should verify that all advertising and analytics partners named or implied in the policy have executed appropriate contractual frameworks. The policy's disclosure of third-party data brokers as recipients may trigger additional CPRA data broker registration obligations. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the designated opt-out link is functional, prominently placed, and that GPC browser signals are technically recognized and honored. A data mapping exercise should confirm all advertising and analytics data flows covered by this provision. Consent records should be maintained for EU/UK users where consent is the stated lawful basis for behavioral advertising.
Full institutional analysis
Regulatory citations, enforcement risk, and due diligence action items.
Monitor: same-day alerts on the platforms you choose. Analyst: full institutional analysis.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision triggers disclosure, opt-out notice, and Global Privacy Control signal compliance obligations under the California Consumer Privacy Act as amended by the California Privacy Rights Act; the terms authorize ongoing data sharing with advertising and analytics partners unless the user actively exercises the opt-out right.
Under this provision, personal information including identifiers, browsing activity, and device data may be shared with advertising technology companies for targeted advertising purposes. The agreement provides a designated opt-out mechanism for California residents, which users must actively invoke to limit this sharing.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.