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 establishes the operational framework for handling sensitive personal information categories that receive heightened regulatory treatment under data protection laws. The clause conditions collection and use practices on legal requirements and contemplates consent or limitation mechanisms where mandated by jurisdiction.
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 should understand that Whatnot collects payment card information, identity verification data, and geolocation information as part of service operations. The terms specify that consent requests or limitation options will be provided where required by applicable law, meaning the scope of available user controls depends on the legal requirements of the user's jurisdiction.
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"We may collect certain information that may be considered sensitive personal information under applicable law, including payment card information, government-issued identification numbers (where required for identity verification), and precise geolocation data. Where required by applicable law, we will obtain your consent before collecting such information or will provide you with the right to limit the use and disclosure of such sensitive personal information.— Excerpt from Whatnot's Whatnot Privacy Policy
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This provision establishes the operational framework for handling sensitive personal information categories that receive heightened regulatory treatment under data protection laws. The clause conditions collection and use practices on legal requirements and contemplates consent or limitation mechanisms where mandated by jurisdiction.
Users should understand that Whatnot collects payment card information, identity verification data, and geolocation information as part of service operations. The terms specify that consent requests or limitation options will be provided where required by applicable law, meaning the scope of available user controls depends on the legal requirements of the user's jurisdiction.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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