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The policy authorizes sharing of personal information with advertising partners, analytics providers, and social media companies for targeted advertising and measurement, with those third parties permitted to deploy their own tracking technologies across the user's browsing activity.
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 authorizes third-party advertising and analytics partners to independently collect user data via tracking technologies deployed across Whatnot's services, which may constitute a sale or sharing of personal information under CCPA/CPRA and requires evaluation under GDPR's lawful basis and ePrivacy consent frameworks.
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 may be shared with advertising networks, analytics companies, and social media platforms, and those third parties may independently deploy cookies and tracking technologies to build behavioral profiles based on interactions with Whatnot's services. California residents may opt out of this sharing through the designated mechanism; EU and UK users may manage cookie consent through the platform's cookie preference tool.
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"We may share your personal information with third-party advertising partners, analytics providers, and social media companies to deliver targeted advertising, measure advertising effectiveness, and analyze use of the Services. These third parties may use cookies, pixel tags, web beacons, and similar tracking technologies to collect information about your interactions with our Services and other websites.Excerpt from Whatnot's Legal Terms
1. REGULATORY LANDSCAPE: This provision engages CCPA/CPRA sharing and sale definitions, GDPR Article 6 lawful basis requirements for data transfers to advertising partners, and the EU ePrivacy Directive's consent requirements for non-essential cookies and tracking technologies. The FTC Act Section 5 applies to the accuracy of disclosures about third-party data sharing. The IAB TCF (Transparency and Consent Framework) may be relevant to how consent is collected and communicated to advertising partners under GDPR. 2. GOVERNANCE EXPOSURE: High. The authorization of third-party tracking technology deployment by advertising partners creates joint or independent data controller relationships that may require contractual documentation under GDPR Articles 26 and 28. Cookie consent compliance for EU and UK users must be verified against current ePrivacy and GDPR standards, which require freely given, specific, informed, and unambiguous consent for non-essential tracking. 3. JURISDICTION FLAGS: EU and UK (ePrivacy and GDPR consent for behavioral advertising cookies), California (CPRA sharing opt-out and GPC recognition), and Canada (PIPEDA consent for third-party data sharing). Illinois (BIPA) may be relevant if any advertising partner's pixel or tracking technology processes biometric identifiers. 4. CONTRACT AND VENDOR IMPLICATIONS: Data processing agreements or data sharing agreements should be in place with each named or implied advertising and analytics partner. Where partners act as independent data controllers, the policy should reflect this and users should be directed to those partners' own privacy notices. Procurement teams should assess whether advertising partner agreements include data use restrictions aligned with the disclosed purposes. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should audit the list of third-party advertising and analytics partners receiving data to confirm disclosures are current and complete. Cookie consent management platform configurations should be reviewed to ensure non-essential tracking does not fire before consent is obtained for EU/UK users. Standard Contractual Clauses or equivalent transfer mechanisms should be verified for all US-bound advertising data flows from EU/UK users.
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This provision authorizes third-party advertising and analytics partners to independently collect user data via tracking technologies deployed across Whatnot's services, which may constitute a sale or sharing of personal information under CCPA/CPRA and requires evaluation under GDPR's lawful basis and ePrivacy consent frameworks.
Under this provision, personal information may be shared with advertising networks, analytics companies, and social media platforms, and those third parties may independently deploy cookies and tracking technologies to build behavioral profiles based on interactions with Whatnot's services. California residents may opt out of this sharing through the designated mechanism; EU and UK users may manage cookie consent through the …
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