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
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.
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 →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 →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 other platforms handle this
To opt out of the offline disclosure of your information to third parties for these purposes, please email us at privacy@makenotion.com.
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.
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...
"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
1) REGULATORY LANDSCAPE: This provision directly engages the CCPA and CPRA, enforced by the California Privacy Protection Agency and the California Attorney General.
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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.
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.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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