Privacy Policy

Last Updated: 2/20/2025

This Privacy Policy describes how personal information is collected, used, and disclosed when you download and use the Tony's Mexican Restaurant Mobile App (the “App”), and the choices and rights you have to protect your personal information collected via the App.

Tony's Mexican Restaurant (“Merchant”) is responsible for the personal information collected when you use the App. The App uses technology provided by Toast, Inc. (“Toast”). To learn more about Toast’s privacy practices, please visit Toast’s Privacy Statement at Toast’s Privacy Statement.

Personal Information Collected Via the App
The App collects the following categories of personal information:

Contact Information. You may submit your name, email, phone number, and address to the App.
Orders and Order History. The App collects and retains the orders you place via the App, including the items you order, date and time of the order, order amounts, delivery locations, tips, order frequency, favorite restaurant locations or menu items, and any preferences or selections you submit with your order.
Payment Information. You may input your payment card information, including your card number, security code, and expiration date, or provide other payment information (such as Apple Pay or Google Pay).
Precise Location. If you choose to enable it, the App will collect your precise location information to provide you with certain location-enabled features, such as to display and alert you to restaurants nearby and provide live map views. You can disable precise location at any time through your device settings.
Rewards Program and Gift Cards. If you participate in Merchant’s rewards program or any other reward program supported by Merchant or the App, the App collects information about your rewards program status, including your points balance and redemptions. The App also collects information about any gift cards you receive or send, including the value of the card and balances.
Device and Usage Information. The App automatically logs information about you, your mobile device, and your interaction over time with the App. This includes:
- Device information (e.g., device type, browser type, IP address, device identifiers, language settings, carrier, and general location information).
- Usage information (e.g., screens viewed, browsing history, access times, clicks, scrolls, and interactions with page elements).
- Crash reports in the event of an error for analysis and troubleshooting purposes.
Marketing and Sales Data. The App collects data about your preferences, interests, and purchasing behaviors, which may be used to generate insights, predict future purchasing trends, and develop customized marketing strategies.

How Your Personal Information is Used
Merchant may use your personal information for the following purposes:

To provide the App and its features. This includes authenticating your access to the App; administering your account; allowing you to place orders and remember your preferences; processing transactions; and providing any features that you use within the App, such as location-enabled features and access to loyalty program benefits.
To personalize your experience. This includes displaying customized recommendations based on your previous orders, preferences, and interests. The App may also send you notifications, including promotional offers and marketing content. You can control notifications in your device or App settings.
To improve the App. Troubleshooting and App improvement. Your information may be used to analyze the performance of the App, identify and correct errors, and develop and improve App features and functionality. Your information may also be aggregated with other users’ information, or otherwise anonymized, to create statistics or for other lawful business purposes, including analytics, forecasting, and strategic planning.
To conduct marketing, promotions, and sales campaigns. Merchant may use personal information collected via the App to create targeted marketing campaigns, deliver advertisements across various platforms, and promote special offers. This includes:
- Sending promotional emails, text messages, or other marketing materials.
- Sharing limited customer data with third-party platforms for targeted advertising.
- Tracking purchasing behaviors to create customer profiles that guide marketing strategies.
For compliance and protection. This includes ensuring App security, complying with legal obligations, defending against claims, and investigating fraud or malicious activities.

How Your Information Is Shared
Personal information collected via the App may be shared as follows:

With Toast. Because the App is operated by Toast, any information you provide via the App, or that Merchant inputs to the App, may be hosted and stored by Toast on Merchant’s behalf.
With Service Providers. Merchant may engage third-party service providers to support business functions, such as:
- Data hosting and storage.
- Marketing agencies and advertising networks.
- Data analysis, market research, and trend identification.
- Security and fraud prevention.
With Business Partners. Merchant may share information with third-party partners for joint marketing efforts, loyalty programs, delivery services, or promotional campaigns.
With Advertising Partners. Merchant may share data to target advertising to you and other users with similar interests on third-party websites and platforms.
In the Event of Business Changes. Personal information may be disclosed during business transactions, such as mergers, acquisitions, reorganizations, or sales.
With Authorities and Legal Obligations. Merchant may share your information with law enforcement, government authorities, or other third parties if required by law or if necessary to protect Merchant’s rights or security.

Merchant may also use personal information collected through the App for the following purposes:

To analyze users’ selections and preferences in order to improve Merchant’s offerings, identify opportunities for growth, and conduct market research;
To send you marketing communications outside the App (including by email, text message or other channels) and to advertise to you and others with similar interests on third-party websites and platforms; and
For compliance and protection, including to enforce any Applicable terms and conditions, comply with legal obligations, defend against legal claims or disputes, protect the security and integrity of the App, and identify and investigate fraudulent, harmful, unauthorized, unethical or illegal activity.

These uses outside the App are just examples and may not reflect all the ways Merchant uses personal information outside the App. To learn more, please contact Merchant directly.

Additional Disclosures of Personal Information
Merchant may also share personal information with third parties as follows:

Sharing initiated by Merchant. The App may share information with partners selected by Merchant, such as delivery services and loyalty programs offered by third parties. Merchant may also share personal information with acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business.
Authorities and others. Your personal information may be shared with law enforcement, government authorities, and private parties, where required by law or necessary or appropriate to protect legal rights or the security or integrity of the App

Your Privacy Choices
Within your App settings, you have the following choices regarding your personal information:

Access or Change Your Information. You can review and update your personal information through your account settings in the App.
Delete Your Account. To delete your account, follow the instructions provided in the App’s settings.
Marketing Opt-Out. You can opt out of promotional emails or text messages by following the unsubscribe instructions included in those communications.
Ad Tracking. To limit third-party advertising pixels or tracking technologies, visit the privacy settings in the App.

Data Retention
Merchant retains personal information as long as necessary to fulfill the purposes outlined in this Privacy Policy. Data may be retained longer if required by law or necessary to resolve disputes, enforce agreements, or protect Merchant’s legal rights.

Do Not Track
Some browsers may transmit "Do Not Track" signals. The App does not currently respond to these signals. To learn more about "Do Not Track," visit www.allaboutdnt.com.

Changes to This Privacy Policy
Merchant may update this Privacy Policy from time to time. In the event of material changes, Merchant will notify you in accordance with applicable laws.

Contact Us
For any questions about the privacy practices described in this Privacy Policy, please contact Tony's Mexican Restaurant at: corporate@tonysmex.com

California Addendum (CCPA Notice)
For California residents, this section supplements the Privacy Policy and addresses rights under the California Consumer Privacy Act (“CCPA”).
The App may collect, use, and disclose personal information in the following categories:

Identifiers
Commercial information
Internet activity information
Geolocation data
Inferences drawn from personal information

Merchant may also use your data for marketing, promotions, and targeted advertisements to enhance your experience and drive sales.

Right to Limit the Use of Sensitive Personal Information
The CCPA grants California residents the right to limit the use of sensitive personal information beyond certain permitted purposes. In general, your sensitive personal information is used only for the limited purposes of providing and personalizing the App for you.

Personal Information Retention
Your personal information is retained for as long as is necessary to allow you to access and use the App and for a reasonable time thereafter for the purposes described in the Privacy Policy. Your personal information will be deleted or destroyed when its continued retention is no longer reasonable necessary and proportionate in accordance with applicable laws.

US State Law Addendum
This US State Law Addendum supplements the Privacy Policy for Tony's Mexican Restaurant Mobile App and applies only to personal information collected via the App that relates to Virginia, Colorado, Connecticut, Texas, Montana, Oregon, and Utah residents and is regulated by applicable consumer privacy laws in such states (“US State Privacy Laws”).

Additional Rights Under US State Privacy Laws
Where applicable, US State Privacy Laws grant consumers the following rights:

Information. You may have the right to obtain information about how your personal information is collected, used, and disclosed. This information is available within this Privacy Policy.
Access, correction and deletion. You may also have the right to request access to your personal information, to correct personal information that is out of date or inaccurate, or to delete personal information that is no longer needed for a permitted purpose.

To make a request, please consult the “Contact Us” section of the Privacy Policy. You may be asked for specific information from you to confirm your identity.

Please note that your ability to invoke the rights above are limited pursuant to the scope and limitations of the US State Privacy Laws, including any available exceptions. If you are not satisfied with how your request was addressed, you may consult the “Contact Us” section of the Privacy Policy to appeal and submit a complaint.

Sensitive Personal Information
The App may collect and use sensitive personal information as follows:

Precise location. If you choose to enable it, the App will collect your precise location information to provide you with certain location-enabled features, such as to display and alert you to restaurants nearby and provide live map views. You can withdraw your consent at any time by disabling precise location collection within your device settings.
Dietary and dining preferences. If you choose to submit information about you dietary or dining preferences, you may reveal sensitive personal information about you, such as your allergies, accessibility requirements, and religious beliefs. By providing this information within the App, you consent to Merchant’s use of this information to better serve your needs and preferences. You can withdraw consent at any time by deleting such information within your profile in the App.

Please note that your withdrawal of consent will not affect use of your information before you withdrew your consent.
Personal Information Retention

Your personal information is retained for as long as is necessary to allow you to access and use the App and for a reasonable time thereafter for the purposes described in the Privacy Policy. Your personal information will be deleted or destroyed when its continued retention is no longer reasonable necessary and proportionate in accordance with applicable laws.