The policy authorizes Whatnot to share personal information including behavioral and device data with advertising partners, analytics providers, and social media platforms for targeted advertising and usage analysis, with those third parties permitted to use tracking technologies across Whatnot and other websites.
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 cross-site behavioral tracking via third-party advertising and analytics partners, which may constitute a 'sale' or 'sharing' of personal information under California law and triggers opt-out and disclosure obligations; it also engages ePrivacy and GDPR consent requirements for EU and UK users.
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 expanded from a general cookies disclosure to explicitly include sharing with advertising partners, analytics providers, and social media platforms, and removed the ability to refuse cookies via browser instructions.
View full change record →Under this clause, Whatnot shares user behavioral and device data with advertising and analytics third parties who may track users across multiple websites and platforms; California residents can opt out of this sharing, while EU and UK users' data sharing for advertising purposes is subject to applicable consent requirements.
How other platforms handle this
We will also provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected.
to request that your data be transferred to a third party (data portability)
Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.
"We may share your personal information with third-party advertising partners, analytics providers, and social media platforms to provide you with targeted advertising and to analyze the use of our Services. These third parties may use cookies, pixel tags, and similar tracking technologies to collect information about your use of our Services and other websites.Excerpt from Whatnot's Legal Terms
1) REGULATORY LANDSCAPE: This provision engages CCPA and CPRA definitions of 'sale' and 'sharing' for cross-context behavioral advertising, enforced by the California Privacy Protection Agency.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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Ad personalization controls removed. Contact scanning added. Advertiser data partnerships quietly dropped. A timeline of every change.
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This provision authorizes cross-site behavioral tracking via third-party advertising and analytics partners, which may constitute a 'sale' or 'sharing' of personal information under California law and triggers opt-out and disclosure obligations; it also engages ePrivacy and GDPR consent requirements for EU and UK users.
Under this clause, Whatnot shares user behavioral and device data with advertising and analytics third parties who may track users across multiple websites and platforms; California residents can opt out of this sharing, while EU and UK users' data sharing for advertising purposes is subject to applicable consent requirements.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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