The policy discloses that personal information may be transferred to and processed in the United States and other countries with potentially different data protection standards than the user's country of residence.
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
Cross-border transfers of personal data from EU and UK residents to the United States require a lawful transfer mechanism under GDPR such as Standard Contractual Clauses or adequacy decisions; the policy's acknowledgment of differing data protection standards is a disclosure obligation but does not confirm that specific transfer mechanisms are in place.
Interpretive note: The adequacy of the policy's transfer disclosure depends on which specific transfer mechanisms Whatnot relies upon for each jurisdiction, which are not detailed in the publicly available policy text reviewed.
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 →Under this provision, personal information collected from users in the EU, UK, Australia, and Canada may be transferred to and processed in the United States or other jurisdictions. The policy acknowledges that these countries may have different data protection standards but does not specify in the body of the policy which transfer mechanisms apply to each data flow.
How other platforms handle this
we also transfer personal information to all other countries in which Adobe or its affiliates, providers, and partners operate. We carry out these transfers in compliance with applicable laws – for example, by putting data transfer agreements in place...
we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services...
Whenever we transfer personal data internationally, we use tools and transfer agreements to: make sure the data transfer complies with applicable law; and help to give your data the same level of protection as it has in the EU...
"Your personal information may be transferred to and processed in countries other than your country of residence, including the United States, where our servers are located and our central database is operated. These countries may have data protection laws that are different from those of your country of residence.Excerpt from Whatnot's Privacy Policy
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Cross-border transfers of personal data from EU and UK residents to the United States require a lawful transfer mechanism under GDPR such as Standard Contractual Clauses or adequacy decisions; the policy's acknowledgment of differing data protection standards is a disclosure obligation but does not confirm that specific transfer mechanisms are in place.
Under this provision, personal information collected from users in the EU, UK, Australia, and Canada may be transferred to and processed in the United States or other jurisdictions. The policy acknowledges that these countries may have different data protection standards but does not specify in the body of the policy which transfer mechanisms apply to each data flow.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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