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 clause establishes the scope of data collection activities across both user-initiated submissions and automatic collection mechanisms. This operational scope determines what categories of personal, financial, and behavioral data the service captures throughout the user engagement lifecycle, from account setup through service use and customer interactions.
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 operate under terms that authorize collection of identifying information, financial data, and device/behavioral data across account creation, transactions, interactive feature participation, and service usage. The terms apply collection practices to both explicitly provided information and automatically captured technical and location data without requiring separate user authorization per collection activity.
How other platforms handle this
"By clicking 'Next', you are indicating that you have read and agree to the TERMS OF USE AND PRIVACY POLICY"
We automatically collect certain information from your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Service, we collect information about the individual web pages or products th...
Location data. Data about your device's location, which can be either precise or imprecise. For example, we collect location data using Global Navigation Satellite System (GNSS) (e.g., GPS) and data about nearby cell towers and Wi-Fi hotspots. Location can also be inferred from a device's IP address...
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"We collect information you provide directly to us, such as when you create an account, make a purchase, participate in any interactive features of our services (such as live streams, auctions, or chats), fill out a form, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, credit card and other payment information, photographs, and any other information you choose to provide. We automatically collect certain information about your device and your use of the Services, including your IP address, browser type, operating system, referring URLs, device identifiers, and cookie data. We may also collect information about your location, including precise geolocation information.— Excerpt from Whatnot's Whatnot Privacy Policy
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The clause establishes the scope of data collection activities across both user-initiated submissions and automatic collection mechanisms. This operational scope determines what categories of personal, financial, and behavioral data the service captures throughout the user engagement lifecycle, from account setup through service use and customer interactions.
Users operate under terms that authorize collection of identifying information, financial data, and device/behavioral data across account creation, transactions, interactive feature participation, and service usage. The terms apply collection practices to both explicitly provided information and automatically captured technical and location data without requiring separate user authorization per collection activity.
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