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The policy states that Mercury does not sell Personal Information for money but acknowledges that advertising-related cookie and tracking technologies may qualify as a 'sale' or 'sharing' under applicable U.S. state privacy laws, and that this does not apply to users under 16.
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 establishes that Mercury's advertising tracking practices may trigger opt-out rights under CCPA and similar U.S. state privacy laws, and requires Mercury to honor opt-out signals including the Global Privacy Control; the policy states that GPC is recognized and a 'Your Privacy Choices' opt-out link is provided.
Under this provision, users in qualifying U.S. states may exercise the right to opt out of advertising-related data sharing by clicking the 'Your Privacy Choices' link on Mercury's website or enabling GPC in their browser; the policy states this right is available and that minors under 16 are excluded from such sharing.
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"We do not sell Personal Information in exchange for money. However, like many online companies, we use cookies and similar technologies that may be considered a 'sale' or 'sharing' under certain U.S. privacy laws because they involve information used for advertising purposes. We do not knowingly share or sell Personal Information of minors under 16 years of age.Excerpt from Mercury's Privacy Policy
1) REGULATORY LANDSCAPE: This provision directly engages the CCPA and CPRA, which define 'sale' and 'sharing' to include cross-context behavioral advertising data flows even without monetary exchange. Similar definitions apply under Connecticut, Colorado, Virginia, and other U.S. state privacy laws. The California Privacy Protection Agency (CPPA) and state attorneys general have enforcement authority. The FTC may also have jurisdiction over deceptive practices related to data sale disclosures. 2) GOVERNANCE EXPOSURE: Medium. The policy's acknowledgment that cookie-based advertising may constitute a 'sale' or 'sharing' under state law is a disclosure that triggers affirmative opt-out mechanism requirements. The policy states that GPC signals are honored and a 'Your Privacy Choices' link is provided; compliance teams should verify that these mechanisms are technically implemented and that GPC signals are processed at the server and cookie level. 3) JURISDICTION FLAGS: California creates the highest compliance exposure due to CPPA enforcement authority and CPRA's expanded sharing definition. Colorado, Connecticut, Virginia, Texas, and other states with comprehensive privacy laws also apply similar opt-out requirements. The under-16 carve-out for sale and sharing aligns with CCPA's minor-specific provisions. 4) CONTRACT AND VENDOR IMPLICATIONS: Mercury discloses that advertising partners, social platforms, and analytics providers receive internet activity data through tracking technologies. Service agreements with these third parties should include data processing terms confirming they are acting as service providers rather than third parties for CCPA purposes, or that opt-out signals are passed through to downstream recipients. 5) COMPLIANCE CONSIDERATIONS: Legal teams should conduct a technical audit of GPC signal processing to confirm opt-out is applied across all advertising and analytics cookies listed in the policy's cookie table, including Facebook Ads, Bing Ads, Google Ads, LinkedIn Ads, and Rockerbox. The cookie table listing advertising providers should be reviewed periodically to confirm it remains current. The 'Your Privacy Choices' link should be tested for accessibility and functionality across Mercury's web properties.
This provision establishes that Mercury's advertising tracking practices may trigger opt-out rights under CCPA and similar U.S. state privacy laws, and requires Mercury to honor opt-out signals including the Global Privacy Control; the policy states that GPC is recognized and a 'Your Privacy Choices' opt-out link is provided.
Under this provision, users in qualifying U.S. states may exercise the right to opt out of advertising-related data sharing by clicking the 'Your Privacy Choices' link on Mercury's website or enabling GPC in their browser; the policy states this right is available and that minors under 16 are excluded from such sharing.
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