Whatnot shares your personal data with advertising companies to show you targeted ads, and this sharing may count as a 'sale' under California law, giving California residents the right to opt out.
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 means your browsing and purchase data on Whatnot may be used by outside advertising companies to track and target you across the internet, not just on Whatnot.
Interpretive note: The scope of 'sharing' and whether all advertising partner data flows constitute a CCPA-covered 'sale' or 'sharing' depends on the technical implementation and contractual arrangements, which are not fully detailed in the policy.
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 →Your behavioral data, including purchase history and browsing patterns on Whatnot, may be shared with third-party advertisers, potentially enabling cross-platform tracking and profiling. California residents have an explicit opt-out right that other users may not have.
How other platforms handle this
The types of third parties your information may be disclosed to include: our resellers and other sales and advertising partners, retailers, advertisers, ad agencies, advertising networks and platforms, information service providers, fraud monitoring and prevention providers, and publishers.
Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud
Your personal information may be transferred to countries other than where you live, such as, for example, to our servers in the US.
"We may share your personal information with third-party advertising partners to provide you with advertisements we believe you may find of interest. We do not control these third parties' tracking technologies or how they may be used. If you have questions about an advertisement or other targeted content, you should contact the responsible provider directly. California residents may opt-out of the 'sale' or 'sharing' of their personal information by clicking the 'Do Not Sell or Share My Personal Information' link.Excerpt from Whatnot's Legal Terms
REGULATORY LANDSCAPE: This provision directly engages the CCPA as amended by the CPRA, which defines 'sale' and 'sharing' of personal information broadly to include disclosure for cross-context behavioral advertising.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision means your browsing and purchase data on Whatnot may be used by outside advertising companies to track and target you across the internet, not just on Whatnot.
Your behavioral data, including purchase history and browsing patterns on Whatnot, may be shared with third-party advertisers, potentially enabling cross-platform tracking and profiling. California residents have an explicit opt-out right that other users may not have.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.