The policy states that SMS opt-in consent data and mobile phone numbers will not be sold, rented, or shared for marketing purposes, and will only be passed to telecommunications carriers under confidentiality agreements solely to deliver SMS messages.
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 an express contractual restriction on SMS opt-in data use and third-party disclosure, which is operationally distinct from the broader data sharing permissions described elsewhere in the policy and may engage TCPA and carrier-level messaging compliance requirements.
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 who opt in to SMS messaging from Mercury have their mobile number and consent data restricted from use for advertising or sharing with data brokers; the sole permitted disclosure is to telecommunications carriers under confidentiality agreements for service delivery purposes.
Cross-platform context
See how other platforms handle SMS Opt-In Data Restriction and similar clauses.
Compare across platforms →"If you opt in to receive SMS messages from Mercury, your mobile phone number and SMS opt-in consent data will not be sold, rented, or shared with third parties, affiliates or partners for marketing or promotional purposes. Mobile opt-in data and phone numbers will only be shared with third-party service providers where strictly necessary to deliver the SMS messaging service (such as telecommunications carriers), and only under binding confidentiality agreements. Under no circumstances will mobile opt-in data be used for advertising or shared with data brokers.Excerpt from Mercury's Privacy Policy
1) REGULATORY LANDSCAPE: This provision engages the Telephone Consumer Protection Act (TCPA), which governs consent requirements for commercial SMS messaging, and FCC regulations on mobile messaging.
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This provision establishes an express contractual restriction on SMS opt-in data use and third-party disclosure, which is operationally distinct from the broader data sharing permissions described elsewhere in the policy and may engage TCPA and carrier-level messaging compliance requirements.
Under this provision, users who opt in to SMS messaging from Mercury have their mobile number and consent data restricted from use for advertising or sharing with data brokers; the sole permitted disclosure is to telecommunications carriers under confidentiality agreements for service delivery purposes.
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