You must be at least 18 to use Whatnot on your own; users between 13 and 17 can only use the platform with a parent or guardian's supervision and consent.
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 is legally significant because it directly implicates COPPA, which requires parental consent for data collection from users under 13, and because minors who use the platform may not be able to form binding contracts under applicable law.
Interpretive note: The practical age verification and parental consent mechanism is not described in the terms, creating uncertainty about how compliance with this provision is operationally enforced.
Parents should be aware that their minor children's use of Whatnot requires parental consent and supervision, and that by approving their child's use, the parent agrees to be bound by these Terms on the child's behalf.
How other platforms handle this
The Service is not directed to children under the age of 16. If you are under the age of 16, you may only use the Service with the involvement and consent of a parent or guardian. If you are a parent or guardian and you are aware that your child has provided us with personal information without your...
The Services are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at priv...
YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.
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"The Services are not directed to children. You must be at least 18 years old to use our Services. If you are between 13 and 17 years old, you may only use our Services with the involvement, supervision, and approval of a parent or legal guardian who agrees to be bound by these Terms.— Excerpt from Whatnot's Whatnot Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly implicates COPPA, which prohibits collection of personal information from children under 13 without verifiable parental consent, enforced by the FTC. The platform's statement that it is 'not directed to children' is a common COPPA safe harbor framing, but the explicit acknowledgment that 13-17 year olds may use the platform with parental consent requires age verification and consent mechanisms that comply with applicable state minors' privacy laws, including California's Age-Appropriate Design Code (AADC) and similar legislation in other states. (2) GOVERNANCE EXPOSURE: Medium. The terms assert parental consent as a condition of minor users' access, but the practical mechanism for verifying parental consent and age is not described in the document, creating operational compliance uncertainty. If minors access the platform without proper consent, Whatnot may face FTC enforcement exposure. (3) JURISDICTION FLAGS: California's AADC (if in effect) and similar state laws may impose additional design and data minimization obligations for platforms accessible to minors. The EU's GDPR sets a digital age of consent at 16 in most member states (with member state variation down to 13), requiring explicit parental consent for processing personal data of users below that threshold. UK GDPR and the Age Appropriate Design Code impose additional obligations for services likely to be accessed by children. (4) CONTRACT AND VENDOR IMPLICATIONS: Marketing and advertising partners should be aware that the platform may be accessed by minors with parental consent, which may affect the permissible scope of targeted advertising directed at those users. (5) COMPLIANCE CONSIDERATIONS: Whatnot's age verification and parental consent mechanisms should be audited against current FTC COPPA guidance, state minors' privacy laws, and EU/UK frameworks. The absence of a described verification mechanism in the terms creates a gap that regulators may scrutinize.
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This provision is legally significant because it directly implicates COPPA, which requires parental consent for data collection from users under 13, and because minors who use the platform may not be able to form binding contracts under applicable law.
Parents should be aware that their minor children's use of Whatnot requires parental consent and supervision, and that by approving their child's use, the parent agrees to be bound by these Terms on the child's behalf.
ConductAtlas has identified this type of provision across 9 platforms. See the full comparison.
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