The policy authorizes collection of voiceprints, facial scans, and biometrics extracted from photographs for identity verification and related purposes, and classifies this data as Sensitive Personal Information under California law.
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
This provision authorizes collection of biometric identifiers that are subject to distinct statutory frameworks in several U.S. states, including Illinois BIPA, Texas CUBI, and Washington state law, which impose written consent, retention schedule, and data destruction requirements beyond what this policy's general language specifies.
Interpretive note: The extent to which Mercury's general consent and retention language satisfies state-specific biometric privacy statute requirements depends on jurisdiction-specific enforcement interpretation and the operational details of Mercury's identity verification workflows, which are not fully described in this policy.
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 →The agreement authorizes Mercury to collect voiceprints, facial scans, and photograph-derived biometrics; under applicable state biometric privacy laws, users in Illinois, Texas, and Washington may have rights to prior written consent, defined retention periods, and data destruction that extend beyond the general rights described in this policy.
Cross-platform context
See how other platforms handle Biometric Data Collection and similar clauses.
Compare across platforms →"Biometric information , such as voiceprint, facial scan, and biometrics extracted from a photograph or image. [...] Under California law, certain information we collect may be considered Sensitive Personal Information, including: [...] Biometric information for the purposes of uniquely identifying a California resident We only use or share Sensitive Personal Information as allowed by law.Excerpt from Mercury's Privacy Policy
1) REGULATORY LANDSCAPE: This provision engages Illinois BIPA (740 ILCS 14), Texas Capture or Use of Biometric Identifier Act (CUBI), and Washington's biometric privacy provisions, each of which imposes specific written consent, retention schedule, and …
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This provision authorizes collection of biometric identifiers that are subject to distinct statutory frameworks in several U.S. states, including Illinois BIPA, Texas CUBI, and Washington state law, which impose written consent, retention schedule, and data destruction requirements beyond what this policy's general language specifies.
The agreement authorizes Mercury to collect voiceprints, facial scans, and photograph-derived biometrics; under applicable state biometric privacy laws, users in Illinois, Texas, and Washington may have rights to prior written consent, defined retention periods, and data destruction that extend beyond the general rights described in this policy.
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