Whatnot may use your personal data, including your activity and content on the platform, to train artificial intelligence and machine learning systems.
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
Your purchases, messages, viewing history, and other activity may be used to build and refine AI systems, and the policy does not specify limitations on how long or for what purposes this training data may be retained.
Interpretive note: The provision does not specify which categories of personal data are used for AI training, making it difficult to assess the full scope of this use without additional technical documentation.
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 →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 updated terms require all disputes arising from the Strategic Seller Agreement or a seller's relationship with Whatnot to be resolved through arbitration as defined in the main Terms of Service, rather than through litigation in California courts. Previously, sellers could bring claims in federal or state courts located in Los Angeles; under the revised language, this option is eliminated except where the Terms of Service arbitration section expressly permits court proceedings. The change applies to the relationship between individual sellers and Whatnot, affecting how contract disputes, payment disagreements, or other claims are processed and adjudicated.
View change record →The removal of this provision eliminates explicit disclosure of AI/ML training on user data, which may reduce transparency around how personal information is used for algorithmic purposes.
View full change record →User-generated content and behavioral data may be used to train AI models, which could involve processing at scale with limited transparency about how inferences derived from that training are used downstream.
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At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.
If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to access, correct, or erase your personal data; the right to restrict or object to our processing of your personal data; the right to data portability; and, where our processing is based on your...
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"We may use the information we collect to develop, train, and improve our AI and machine learning models and systems, including to personalize your experience on the platform, to improve our recommendations, and to develop new features and services.— Excerpt from Whatnot's Whatnot Privacy Policy
REGULATORY LANDSCAPE: This provision may require evaluation under GDPR Articles 13 and 14 regarding transparency of data use purposes, and Article 22 on automated decision-making and profiling if AI outputs are used to make decisions affecting users. The EU AI Act may impose additional obligations depending on the risk classification of AI systems trained on user data. The FTC has issued guidance on AI and data practices. UK ICO guidance on AI and data protection is also relevant for UK users. GOVERNANCE EXPOSURE: Medium. The provision is broadly worded and does not specify categories of data used for AI training, retention periods for training datasets, or the types of AI systems being developed. This lack of specificity may create exposure under GDPR transparency requirements and emerging AI governance frameworks. JURISDICTION FLAGS: EU and UK users face heightened exposure given GDPR's strict transparency and purpose limitation requirements. California's CPRA may require disclosure of AI-related data uses in the privacy notice. Illinois BIPA could be relevant if AI systems process biometric data derived from user content. CONTRACT AND VENDOR IMPLICATIONS: If AI training is conducted by or with third-party vendors, data processing agreements must address the use of personal data for model training, including restrictions on vendor use of the data for their own model development. This is an active area of regulatory scrutiny. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the current privacy notice provides sufficient specificity about AI training data uses to satisfy GDPR transparency requirements, and whether a data protection impact assessment is required. The policy should be reviewed to confirm that AI training uses are consistent with the original purposes for which data was collected, or that appropriate consent or legitimate interest assessments have been conducted.
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Your purchases, messages, viewing history, and other activity may be used to build and refine AI systems, and the policy does not specify limitations on how long or for what purposes this training data may be retained.
User-generated content and behavioral data may be used to train AI models, which could involve processing at scale with limited transparency about how inferences derived from that training are used downstream.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.