“the business customer is responsible for ensuring it has a lawful basis to provide Personal Information to Mercury.”
This analysis describes what Mercury'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
The clause places legal compliance responsibility for data transfers squarely on business customers, not on Mercury, for any Personal Information they supply.
The updated policy states that Mercury may now collect personal information directly from employees, contractors, payment beneficiaries, and dependents at a business's direction, without requiring those individuals' direct consent to Mercury. This expands the pool of individuals whose data Mercury processes beyond those who directly use the service. Additionally, the revised SMS terms separate transactional messages (receipts, confirmations) from marketing messages, requiring separate consent for marketing SMS. You can manage marketing SMS consent independently from transactional message receipt.
View change record →The updated privacy policy now discloses that cookies from Facebook Ads, Bing Ads, Braze, Google Ads, and LinkedIn Ads serve an additional purpose: 'SaleOfInfo'. This means data collected through these cookies may be sold or shared with third-party commercial partners, beyond their existing use for advertising and analytics. Under the revised policy, Mercury treats data from these cookies as subject to potential sale or commercial sharing. You can review Mercury's full privacy policy to understand your data rights and any available opt-out mechanisms.
View change record →If you are a business customer, Mercury requires you — not Mercury — to establish and ensure a lawful basis for any Personal Information you provide to Mercury.
How other platforms handle this
If we rely on certain legal bases (such as "legal obligation" or "contractual necessity") and you do not provide us with your Personal Data, we may not be able to lawfully provide you services.
To the extent that any provisions in the Business Terms of Service conflict with these Terms, the Business Terms of Service shall govern to the extent of the conflict.
You make it clear that you (not us) are responsible for anything that happens during your event
"the business customer is responsible for ensuring it has a lawful basis to provide Personal Information to Mercury.Excerpt from Mercury's Privacy Policy
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The clause places legal compliance responsibility for data transfers squarely on business customers, not on Mercury, for any Personal Information they supply.
If you are a business customer, Mercury requires you — not Mercury — to establish and ensure a lawful basis for any Personal Information you provide to Mercury.
ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.
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