Whatnot shares your personal data with advertising companies to show you targeted ads, and this sharing may count as a 'sale' under California law, giving California residents the right to opt out.
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
This provision means your browsing and purchase data on Whatnot may be used by outside advertising companies to track and target you across the internet, not just on Whatnot.
Interpretive note: The scope of 'sharing' and whether all advertising partner data flows constitute a CCPA-covered 'sale' or 'sharing' depends on the technical implementation and contractual arrangements, which are not fully detailed in the policy.
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 →Your behavioral data, including purchase history and browsing patterns on Whatnot, may be shared with third-party advertisers, potentially enabling cross-platform tracking and profiling. California residents have an explicit opt-out right that other users may not have.
How other platforms handle this
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We may share your information with third-party vendors and service providers that perform services on our behalf, such as payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. We may also share your information with third-party advertising p...
We may share your personal information with third parties in the following circumstances: With service providers who perform services on our behalf, such as data analytics, marketing, customer service, and technology services. With financial partners, including banks, brokerage firms, and payment pr...
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"We may share your personal information with third-party advertising partners to provide you with advertisements we believe you may find of interest. We do not control these third parties' tracking technologies or how they may be used. If you have questions about an advertisement or other targeted content, you should contact the responsible provider directly. California residents may opt-out of the 'sale' or 'sharing' of their personal information by clicking the 'Do Not Sell or Share My Personal Information' link.— Excerpt from Whatnot's Whatnot Privacy Policy
REGULATORY LANDSCAPE: This provision directly engages the CCPA as amended by the CPRA, which defines 'sale' and 'sharing' of personal information broadly to include disclosure for cross-context behavioral advertising. The California Privacy Protection Agency and California AG are the primary enforcement authorities. The provision's acknowledgment that sharing may constitute a 'sale' under California law is a material disclosure triggering opt-out infrastructure and annual data inventory obligations. GDPR Article 6 lawful basis requirements and the ePrivacy Directive may also apply to EU/UK users in the context of advertising cookies and tracking. GOVERNANCE EXPOSURE: High. The explicit acknowledgment that data sharing with advertising partners may constitute a 'sale' or 'sharing' under California law creates direct CPRA compliance obligations, including maintaining a functional opt-out mechanism, updating the privacy policy annually, and ensuring advertising partner contracts include appropriate restrictions on downstream data use. JURISDICTION FLAGS: California creates the highest exposure given CPRA enforcement. EU and UK users are protected by GDPR and UK GDPR consent requirements for behavioral advertising cookies. Virginia, Colorado, Connecticut, and other US states with comprehensive privacy laws may impose similar opt-out obligations. The provision's global application is not clearly delineated. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should verify that all advertising and data broker partners have executed data processing agreements or service provider agreements that include CPRA-compliant restrictions on downstream use, resale, and retention. Contracts should be audited to confirm partners are not retaining or using data beyond the stated purpose. COMPLIANCE CONSIDERATIONS: Compliance teams should audit the opt-out mechanism for technical functionality across all platform entry points, ensure the Global Privacy Control signal is honored as required under CPRA regulations, and confirm that advertising partner data flows are reflected in the record of processing activities. Annual review of the 'sale' and 'sharing' inventory is required under CPRA.
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This provision means your browsing and purchase data on Whatnot may be used by outside advertising companies to track and target you across the internet, not just on Whatnot.
Your behavioral data, including purchase history and browsing patterns on Whatnot, may be shared with third-party advertisers, potentially enabling cross-platform tracking and profiling. California residents have an explicit opt-out right that other users may not have.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.