The policy states that personal information is retained for as long as necessary to fulfill collection purposes and meet legal obligations, without specifying fixed retention periods for most data categories.
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 absence of defined retention timelines for most data categories may require evaluation under GDPR Article 5(1)(e), which establishes a storage limitation principle requiring that personal data be kept no longer than necessary for specified purposes with defined periods where practicable.
Interpretive note: The adequacy of the policy's retention disclosure may depend on the specific CPRA regulatory guidance applied and whether EU supervisory authorities treat the general language as satisfying GDPR Article 5(1)(e) documentation requirements.
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 by Whatnot may be retained indefinitely based on business need determinations, without a specified maximum period for most categories. Users in the EU and UK may request deletion of their data subject to the exceptions stated in the policy, including legal claims and fraud prevention purposes.
Cross-platform context
See how other platforms handle Data Retention Without Fixed Timelines and similar clauses.
Compare across platforms →"We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.Excerpt from Whatnot's Privacy Policy
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The absence of defined retention timelines for most data categories may require evaluation under GDPR Article 5(1)(e), which establishes a storage limitation principle requiring that personal data be kept no longer than necessary for specified purposes with defined periods where practicable.
Under this provision, personal information collected by Whatnot may be retained indefinitely based on business need determinations, without a specified maximum period for most categories. Users in the EU and UK may request deletion of their data subject to the exceptions stated in the policy, including legal claims and fraud prevention purposes.
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