“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 expands the categories of personal information Mercury collects and processes for business customers. Mercury now explicitly collects investment profile information, demographic data (citizenship status, sex assigned at birth), and information about dependents and payment beneficiaries. For business customers, Mercury may collect personal information directly from contractors, payment recipients, and other connected individuals at the business's direction to support payroll, benefits, and payment processing. The policy also clarifies that marketing SMS messages require separate consent from transactional messages, and that phone numbers will not be shared with third parties for their own advertising purposes. You can opt out of marketing SMS messages without affecting receipt of transactional messages.
View change record →The updated policy discloses Mercury's SMS and MMS messaging practices and establishes specific protections for users who opt in. The policy states that mobile phone numbers and opt-in consent data will not be sold, rented, or shared with third parties for marketing purposes, and will only be shared with telecommunications carriers under binding confidentiality agreements to deliver the service. You can opt out at any time by replying 'STOP' to any message or updating your notification preferences in your Mercury account settings.
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
We may process your Data where we or a third party have a legitimate interest in doing so...we have a legitimate interest in using your Data for product development and internal analytics purposes, as well as to ensure the safety, security and performance of our Services.
We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
the information you have provided to Teladoc Health in your registration is accurate and complete
"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 290 platforms. See the full comparison.
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