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.
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 →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.
Cross-platform context
See how other platforms handle Advertising Cookie Use as Potential Data Sale and similar clauses.
Compare across platforms →"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.
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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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