The policy authorizes Whatnot to share personal information including behavioral and device data with advertising partners, analytics providers, and social media platforms for targeted advertising and usage analysis, with those third parties permitted to use tracking technologies across Whatnot and other websites.
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 authorizes cross-site behavioral tracking via third-party advertising and analytics partners, which may constitute a 'sale' or 'sharing' of personal information under California law and triggers opt-out and disclosure obligations; it also engages ePrivacy and GDPR consent requirements for EU and UK users.
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 expanded from a general cookies disclosure to explicitly include sharing with advertising partners, analytics providers, and social media platforms, and removed the ability to refuse cookies via browser instructions.
View full change record →Under this clause, Whatnot shares user behavioral and device data with advertising and analytics third parties who may track users across multiple websites and platforms; California residents can opt out of this sharing, while EU and UK users' data sharing for advertising purposes is subject to applicable consent requirements.
How other platforms handle this
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 located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to access, correct, or erase your personal data; the right to restrict or object to our processing of your personal data; the right to data portability; and, where our processing is based on your...
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...
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"We may share your personal information with third-party advertising partners, analytics providers, and social media platforms to provide you with targeted advertising and to analyze the use of our Services. These third parties may use cookies, pixel tags, and similar tracking technologies to collect information about your use of our Services and other websites.— Excerpt from Whatnot's Whatnot Privacy Policy
1) REGULATORY LANDSCAPE: This provision engages CCPA and CPRA definitions of 'sale' and 'sharing' for cross-context behavioral advertising, enforced by the California Privacy Protection Agency. For EU and UK users, it engages GDPR consent requirements for behavioral advertising and the ePrivacy Directive's requirements for cookie and tracking technology consent, enforced by national data protection authorities and the UK ICO. The FTC Act applies to representations about data sharing practices and reasonable data security for shared data. 2) GOVERNANCE EXPOSURE: High. The breadth of the advertising partner ecosystem receiving behavioral and device data, combined with the third parties' independent use of tracking technologies across other websites, creates complex data flow mapping requirements. Ensuring that all downstream advertising and analytics recipients are disclosed and that opt-out signals are technically honored by each partner represents a significant operational compliance obligation. 3) JURISDICTION FLAGS: California creates the highest regulatory exposure for this provision, requiring a functional opt-out and accurate category-level disclosure of sharing with advertising partners. EU and UK users require a valid consent mechanism for behavioral advertising that meets GDPR and ePrivacy standards; reliance on legitimate interests for behavioral advertising has been subject to regulatory challenge in multiple EU jurisdictions. 4) CONTRACT AND VENDOR IMPLICATIONS: Data sharing agreements with advertising and analytics partners must include CCPA-compliant service provider or third-party terms and GDPR-compliant data processing agreements where applicable. Procurement teams should maintain a current list of advertising and analytics partners receiving personal data and confirm that each has executed appropriate contractual terms. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should audit the technical implementation of cookie and tracking consent mechanisms for EU and UK users; verify that the list of advertising and analytics partners disclosed in the policy is current and complete; and confirm that opt-out requests are technically propagated to all downstream advertising partners in real time.
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This provision authorizes cross-site behavioral tracking via third-party advertising and analytics partners, which may constitute a 'sale' or 'sharing' of personal information under California law and triggers opt-out and disclosure obligations; it also engages ePrivacy and GDPR consent requirements for EU and UK users.
Under this clause, Whatnot shares user behavioral and device data with advertising and analytics third parties who may track users across multiple websites and platforms; California residents can opt out of this sharing, while EU and UK users' data sharing for advertising purposes is subject to applicable consent requirements.
ConductAtlas has identified this type of provision across 25 platforms. See the full comparison.
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