The policy discloses that Whatnot may sell or share personal information as defined under California law, and provides California residents the right to opt out via a designated link on the platform.
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 requires Whatnot to maintain a functional opt-out mechanism for California residents and to accurately disclose which categories of personal information are sold or shared with advertising and analytics partners, as required under CCPA and CPRA.
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 →The updated terms establish a new Creator Program for UK users that allows them to submit content (videos, shopping hauls, seller spotlights) and potentially receive program benefits including cash payments, shopping credit, or promotional support. The terms grant Whatnot a one-year non-exclusive license to use submitted content across all marketing channels worldwide for promotion, advertising, and derivative works without additional compensation beyond the stated program benefit. Creators must be at least 18 years old, maintain a valid Whatnot account, and complete identity verification and tax documentation before receiving any payment. The terms state explicitly that submission does not guarantee content will be selected, used, featured, or rewarded, and Whatnot retains discretion to reject, remove, or stop using content at any time.
View change record →The provision was restructured to focus specifically on the California opt-out right, removing the general advertising partner sharing disclosure and simplifying the opt-out mechanism description.
View full change record →Under this clause, California residents can direct Whatnot to stop selling or sharing their personal information for cross-context behavioral advertising by using the opt-out link on the platform; absent that action, the terms permit continued data sharing with advertising and analytics partners.
How other platforms handle this
We may display advertisements on our Services and those advertisements may be targeted to your interests based on your personal information. We may share your personal information with advertising partners for interest-based advertising purposes. You may opt out of interest-based advertising by visi...
At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.
If you are a California resident, you have the right to: Know what personal information is being collected about you; Know whether your personal information is sold or disclosed and to whom; Say no to the sale of personal information; Access your personal information; Request deletion of your person...
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"California residents have the right to opt-out of the sale or sharing of their personal information. To opt-out of the sale or sharing of your personal information, please click on the 'Do Not Sell or Share My Personal Information' link available on our platform.— Excerpt from Whatnot's Whatnot Privacy Policy
1) REGULATORY LANDSCAPE: This provision directly engages the CCPA and CPRA, enforced by the California Privacy Protection Agency and the California Attorney General. The provision's disclosure that sharing with advertising and analytics partners may constitute a 'sale' or 'sharing' under California law triggers opt-out, disclosure, and non-discrimination obligations. 2) GOVERNANCE EXPOSURE: High. The functional availability and discoverability of the opt-out link is subject to regulatory audit; failure to honor opt-out requests within required timelines or failure to pass opt-out signals to downstream advertising partners creates enforcement exposure. 3) JURISDICTION FLAGS: This provision applies specifically to California residents under CCPA and CPRA. Similar opt-out obligations may apply in other US states with comprehensive privacy laws (Virginia, Colorado, Connecticut, Texas, and others) depending on Whatnot's user base in those states; legal teams should assess applicability by state. 4) CONTRACT AND VENDOR IMPLICATIONS: Whatnot's agreements with advertising and analytics partners receiving personal information categorized as sold or shared must include CCPA-compliant contractual terms, including restrictions on the partner's use of the data and obligations to honor opt-out signals. Procurement teams should verify that downstream data processors and advertising partners are contractually bound to respect opt-out instructions. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should audit the technical implementation of the opt-out link to confirm it propagates opt-out signals to all relevant third-party advertising and analytics systems; review the list of third parties receiving personal data to confirm accurate categorization as 'sale' or 'share'; and ensure that response workflows for opt-out requests meet CCPA/CPRA required timelines.
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This provision requires Whatnot to maintain a functional opt-out mechanism for California residents and to accurately disclose which categories of personal information are sold or shared with advertising and analytics partners, as required under CCPA and CPRA.
Under this clause, California residents can direct Whatnot to stop selling or sharing their personal information for cross-context behavioral advertising by using the opt-out link on the platform; absent that action, the terms permit continued data sharing with advertising and analytics partners.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.