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
The provision establishes the operational framework for data continuity during corporate restructuring events. It permits data transfer without requiring affirmative user consent at the time of transaction, treating user information as a transferable business asset subject to acquisition or merger activity.
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 →Users' collected information may be transferred to a successor entity upon any merger, acquisition, asset sale, or financing transaction involving Whatnot. The terms authorize this transfer as an incident of corporate change without requiring individual notification or opt-in at the time of the transaction.
How other platforms handle this
We may also share, transmit, disclose, grant access to, make available, and provide personal data with and to third parties, as follows: [...] Business Transfers. All of your information, including personal data, may be shared or transferred to another business entity should we go through a business...
In the event of a merger, acquisition, bankruptcy, dissolution, reorganization, or similar corporate transaction or proceeding, we may transfer or assign your personal information to a successor entity or acquirer.
In the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the personal information we have collected to the rele...
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"We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company. In the event that Whatnot is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, or other change of control.— Excerpt from Whatnot's Whatnot Privacy Policy
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The provision establishes the operational framework for data continuity during corporate restructuring events. It permits data transfer without requiring affirmative user consent at the time of transaction, treating user information as a transferable business asset subject to acquisition or merger activity.
Users' collected information may be transferred to a successor entity upon any merger, acquisition, asset sale, or financing transaction involving Whatnot. The terms authorize this transfer as an incident of corporate change without requiring individual notification or opt-in at the time of the transaction.
ConductAtlas has identified this type of provision across 24 platforms. See the full comparison.
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