Last updated: October 22, 2026
KAJA FLASM, S.A. DE C.V. (hereinafter referred to as the “Company”) may collect personal information to facilitate delivery orders and improve the Tomato.mx service.
This Privacy Statement explains how KAJA FLASM, S.A. DE C.V. (“Tomato.mx,” “we,” “us,” or “our”) handles your personal information when you visit or use www.tomato.mx (the “Site”), the Tomato.mx mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the “Services”).
Please review this Privacy Statement carefully. By using our Services, you acknowledge the practices described in this Privacy Statement. If you do not agree with these practices, please do not use the Services or provide us with your personal information.
Your access to and use of our Services are also subject to our Terms and Conditions, which define certain terms used throughout this Privacy Statement.
1. Collection of Information
When you use our Services, we may collect or receive information about you.
1.1. Information You Provide Directly
You may provide information to us when you use our Services, including when you register with Tomato.mx, search for products, place orders, contact us with inquiries, respond to surveys, or otherwise access our Services.
This information may include your name, email address, phone number, delivery address, and other information that may identify you.
When you place an order through our Services, we collect information related to that order, including the products or services purchased and the date and time of the purchase and delivery.
Online payments are processed by Stripe or the applicable third-party payment service provider. Tomato.mx does not store your credit or debit card details. Payment information is handled by the applicable payment service provider in accordance with its own terms and privacy policies.
You may also choose to provide ratings or reviews for your Rider and the Food Service Provider or merchant from which you ordered.
1.2. Information We Collect Automatically
We may automatically receive and store certain information about you and your device when you access or use our Site and Services. This information may include:
Information about the device you use to access our Services.
The type of web browser and operating system you use.
Your IP address.
The domain name of your Internet service provider.
The specific Tomato.mx pages you visit, the content you view, the features you use, and the dates and times of your visits.
Your search terms, the website you visited before accessing our Services, and other clickstream data.
1.3. Customer Chat Messages
Messages sent through the circular messaging widget located in the bottom-right corner of the website may be stored temporarily on our servers to facilitate communication with the Company’s support staff.
You are responsible for the information you submit through this communication channel. Messages sent through this widget do not constitute an official offer or agreement between you, the Company, or any third party unless expressly confirmed through an authorized channel.
Messages may disappear after a short period and may not be recoverable. The Company does not guarantee the permanent storage or availability of messages submitted through this widget.
2. Use of Information
We may use the information we collect or receive about you for the following purposes:
To connect your orders with a Rider and facilitate deliveries.
To complete purchase transactions.
To contact you regarding your orders and deliveries.
To send promotional offers or other communications that may be of interest to you, where permitted by applicable law.
To respond to your questions and assist with problems related to our Services.
To personalize the content and features you see when using our Services.
To serve advertisements tailored to your interests, where applicable.
To improve the content, functionality, and performance of our Services.
To help Food Service Providers on our platform improve their offerings.
To better understand our users’ demographics, interests, and behavior.
To combine information with other information we have about you to better understand your preferences and interests.
To provide recommendations.
To manage our business operations, including auditing, administration, analytics, fraud prevention, and enforcement of our agreements and legal obligations.
To calculate the total number of visitors to our Services and to individual pages or features.
To provide customer assistance and support.
We may also use your information for other purposes disclosed to you when the information is collected or received, or where otherwise permitted by applicable law.
Any communication or material you transmit to us by email or other means, including data, questions, comments, or suggestions, may be treated as non-confidential and non-proprietary, except for your personal information and communications specifically concerning your personal information, privacy requests, or related concerns.
3. Use of Cookies and Similar Technologies
We use cookies, web beacons, pixels, and similar technologies (collectively, “Cookies”) to collect information and personalize your experience with our Services.
Cookies are small files that a website or its service provider transfers to your device through your web browser, allowing the website or provider to recognize your browser and remember certain information.
We use Cookies to improve your experience, including recognizing you when you return to Tomato.mx and remembering information you have already provided, such as items in your shopping cart.
We may also use Cookies to understand how users interact with our Services and, where applicable, to deliver content and advertising tailored to their interests.
You may manage or disable Cookies through your browser settings. However, disabling certain Cookies may limit your ability to use some interactive features of our Services.
Where required by applicable law, we will obtain consent before using Cookies or similar technologies that require consent.
4. Location Information
When you use our Services, we may collect precise location information from the Tomato.mx application used by the Rider to track the progress of your order.
If you grant permission through your mobile operating system or browser, we may also collect your device’s precise location while the Tomato.mx application is running in the foreground or background during order processing, subject to the permissions granted and the technical functionality of your device.
We may also estimate your approximate location from your IP address.
We use location information to facilitate deliveries, improve delivery accuracy, and provide relevant information about your order.
You can manage location permissions through your device settings or the relevant platform settings. If you disable location access, the Rider may not receive precise location information from your device, which could affect delivery accuracy in certain circumstances, such as when you are located within a large area or a location that is difficult to identify.
5. Sharing Information with Third Parties
To operate and improve our Services, we may share your information with service providers that assist us with payment processing, advertising, web analytics, data processing, information technology, customer support, and other business operations.
We may share information necessary to complete your order, including your name, phone number, delivery address, and relevant order details, with the Rider assigned to your delivery.
We may also share your name, phone number, order information, customer feedback, and other information related to your orders with the relevant Tomato.mx Food Service Providers and Riders to facilitate order preparation, delivery, customer service, and dispute resolution.
We may share aggregated or anonymized information with third-party service providers where the information does not identify you.
Third-party service providers may process your information in accordance with their own privacy policies and applicable contractual obligations.
5.1. When Required by Law
We may disclose your information to third parties, including law enforcement agencies and government authorities, when reasonably necessary to:
Protect or defend our legal rights.
Protect the safety and security of users of our Services.
Prevent or investigate fraud or other unlawful activities.
Comply with applicable laws and regulations.
Respond to legal proceedings, court orders, or lawful requests from government authorities.
5.2. Corporate Transactions
In the event of a sale, transfer, merger, reorganization, dissolution, or similar corporate transaction, we may transfer your information to one or more third parties as part of that transaction, subject to applicable law.
6. Accessing and Managing Your Personal Information
Keeping your personal information accurate and current helps us provide our Services effectively.
You can access and update certain personal information through your Tomato.mx account profile.
You may also contact us at info@tomato.mx to request access to, correction of, or deletion of your personal information, or to request account deactivation.
We may be unable to delete certain records of past interactions or transactions where retention is necessary or required for financial reporting, legal compliance, fraud prevention, dispute resolution, or other legitimate purposes.
In addition, due to technical and operational requirements, backup copies of certain information may remain in our systems temporarily after a deletion request, until those copies are overwritten or deleted in accordance with our retention procedures.
6.1. Data Retention
We retain personal information for as long as your account remains active or as necessary to provide our Services and maintain transaction records.
We may also retain and use personal information as necessary to comply with legal obligations, resolve disputes, prevent fraud, enforce our agreements, and protect our legitimate interests, subject to applicable law.
Tomato.mx may retain aggregated or anonymized information indefinitely, provided that such information does not identify you.
7. Third-Party Websites and Services
Some features of our Services may be provided by third parties that are not affiliated with Tomato.mx. These entities may collect or receive information about your use of our Services and your activities over time and across different websites, including through Cookies and similar technologies.
For example, we may use services such as Google Analytics to understand traffic patterns and how users interact with Tomato.mx.
Our Services may also contain links to websites that are not operated or controlled by Tomato.mx. We are not responsible for the privacy policies, security, or practices of these third-party websites or services.
If you provide personal information through a third-party website or service, we recommend reviewing its privacy policy before doing so.
8. Social Networking Services
You may be able to access or connect to our Services through online services, including social networking platforms such as Facebook. Our Services may also contain features that allow you to interact with social networking platforms, including Facebook, X, or Instagram (collectively, “Social Networks”).
When you connect a Social Network account to Tomato.mx or use it to log in, we may receive information from that Social Network that is necessary to facilitate the connection or provide the requested functionality.
We may also share information with the relevant Social Network operator where necessary to enable or improve the associated functionality.
Any information received from a Social Network will be handled in accordance with this Privacy Statement and applicable law.
Social Networks may independently collect information about you and your use of our Services. Their collection, use, storage, and disclosure of your information are governed by their own privacy policies and practices. Tomato.mx is not responsible for the independent privacy practices of these third parties.
Some features may allow you to share your activities on our Services through a Social Network. For example, you may be able to share information about placing an order. Any information you publish through a Social Network is subject to that platform’s privacy settings and policies and may be visible to other users or the public.
9. Your Choices and Privacy Requests
If you are a registered Tomato.mx user, you may access or modify certain personal information by logging into your account and visiting the “Account” page.
You may also contact us at info@tomato.mx to request access to, correction of, or deletion of your personal information, or to request account deletion.
You may manage Cookies through your browser settings, as described in Section 3 of this Privacy Statement.
If we send you marketing emails about services that may interest you, those emails will include instructions for opting out of future marketing communications. You may also contact us directly to request that we stop sending you marketing communications.
Opting out of marketing communications will not necessarily prevent us from sending service-related messages concerning your account, orders, transactions, or other necessary operational matters.
We will handle privacy requests in accordance with applicable law.
10. Children’s Information
Our Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.
If you are a parent or legal guardian and believe that a child under 13 has provided personal information to us, please contact us at info@tomato.mx.
A parent or legal guardian may request access to or deletion of the child’s personal information, subject to applicable law.
11. Referral Program
Tomato.mx may allow users to invite friends to sign up for our Services by submitting a friend’s name and email address.
From time to time, we may offer promotional benefits when a referred person registers and places an order through a referral link.
By submitting another person’s information, you represent that you have the necessary permission or other lawful basis to provide that information to us.
We may use the submitted information to send an invitation and track the performance of our referral program, subject to applicable law.
12. International Users and Data Transfers
Tomato.mx is based in Tulum, Quintana Roo, Mexico.
Depending on the services and technology providers we use, your information may be processed or stored in Mexico, the United States, or other countries where we or our service providers operate.
Data protection laws in those countries may differ from those in your place of residence.
Where required by applicable law, we will take appropriate measures in connection with international transfers of personal information.
By using our Services, you acknowledge that your information may be transferred to and processed in countries outside your country of residence, subject to applicable legal requirements.
13. Security
Tomato.mx implements administrative, technical, and physical security measures designed to protect personal information against unauthorized access, loss, misuse, alteration, or disclosure.
However, no online service or method of electronic storage can be guaranteed to be completely secure. Accordingly, we cannot guarantee the absolute security of your personal information.
You are responsible for keeping your account credentials, including your username and password, confidential and secure. Please notify us if you believe your account has been accessed or used without authorization.
14. Changes to This Privacy Statement
We may update or modify this Privacy Statement from time to time to reflect changes in our Services, business practices, technology, or legal obligations.
If we make material changes to the way we use or disclose personal information, we will provide notice where required by applicable law, including by email or through our Services where appropriate.
We encourage you to review this Privacy Statement periodically. The date of the latest revision appears at the top of this page.
Your continued use of our Services after an updated Privacy Statement becomes effective will be subject to the revised statement, to the extent permitted by applicable law.
15. Contact Information
Tomato.mx welcomes questions, comments, or requests concerning this Privacy Statement and our handling of personal information.
KAJA FLASM, S.A. DE C.V.
Email: info@tomato.mx