Last Updated: November 18, 2022
Your use of the Atlas service is conditioned upon your acceptance of Atlas Daniel’s Law Service Terms. These Terms contain important information regarding your rights and Atlas’ rights, and we encourage you to familiarize yourself with these provisions before accepting.
To the extent that you’re subject to other Atlas terms and conditions in connection with other products or services provided by Atlas, and those terms conflict with these Atlas Daniel's Law Service Terms, these Atlas Daniel’s Law Service Terms will control with respect to the Daniel’s Law services provided to you by Atlas.
1. Definitions –
a. “Terms” means these Atlas Daniel's Law Service Terms
b. “Account” means the account created through the Atlas registration process
c. “You” and “User” means the person in whose name an Account is created
d. “We” or “Us” means RoundRobin Corporation d/b/a Atlas
e. “Services” means Atlas Daniel’s Law services and other services for which you subscribe through your Account.
f. “Website” means the atlasprotect.com, atlas.net, atlasweb.com (or other websites) operated by Us.
2. Registration
Registration is the process by which you create an Account and subscribe for Services. The registration process will require you to provide us with information about you, which may include name, physical address, email address, telephone number, and other identifying information, such as copies of your valid driver’s license or state identification card, depending on the particular Services for which you are subscribing. In order for us to appropriately provide the Services, you represent that all of the information that you provide to us will be current, accurate, and complete. To the extent that you provide information to us about anyone other than yourself, you represent that you have the legal right and/or their consent to do so and that all such information will be current, accurate, and complete. If any of your information changes, you agree to update your Account promptly. To the extent that login credentials such as usernames or passwords are created by or for you, you shall be solely responsible for maintaining the confidentiality of such credentials and will immediately update any such credentials that you believe may have become lost or compromised.
You hereby give Atlas permission to contact you through text, email, or phone in connection with the Services. You can change these permissions under your account settings or by contacting Atlas support.
3. The Services
(a) Daniel's Law Overview
In November 2020, Governor Murphy signed Daniel’s Law, which amended the Open Public Records Act (OPRA) and other statutes protecting personal information for certain persons in public service. Specifically, Daniel’s Law is designed to expand protections from public exposure for personal information about active and retired judges, law enforcement officers, and prosecutors, and their immediate family members.
Daniel’s Law was enacted in response to the tragic killing of Daniel Anderl, the son of Judge Esther Salas and Mark Anderl. The law prohibits disclosure of the residential addresses of certain persons covered by the law (“Covered Persons”) on websites controlled by state, county, and local government agencies. The community of Covered Persons includes former, active, and retired judicial officers, prosecutors, and members of law enforcement and their immediate family members residing in the same household. Daniel’s Law also prohibits private parties from disclosing on the Internet or otherwise making available the home address and home telephone number of a Covered Person following written notification from such Covered Person and provides for a private right of action in the event of noncompliance.
(b) Daniel’s Law Definitions
The “Act” means Daniel’s Law (New Jersey P.L.2021, c.371 (C.47:1B-1 et al.)
“Covered Person” means an active, formerly active, or retired judicial officer or law enforcement officer, as those terms are defined by section 1 of N.J. P.L.1995, c.23 (C.47:1A-1.1), or prosecutor and any immediate family member residing in the same household as such judicial officer, law enforcement officer, or prosecutor.
“Authorized Person” means a Covered Person or any of the following persons hereby authorized to submit or revoke a request for the redaction or nondisclosure of a home address on behalf of a covered person:
(1) on behalf of any federal judge, a designee of the United States Marshals Service or of the clerk of any United States District Court;
(2) on behalf of any covered person who is deceased or medically or psychologically incapacitated, a person acting on behalf of the covered person as a designated trustee, as an estate executor, or pursuant to a written power of attorney or other legal instrument; and
(3) on behalf of any immediate family member who is a minor and who is otherwise entitled to address redaction or nondisclosure pursuant to this act, the parent or legal guardian thereof.
“OIP” means the New Jersey Office of Information Privacy.
(c) Atlas’ Daniel’s Law Services
As may be further described on our website or as otherwise communicated through your Account, the Services consist of access to our Atlas privacy notification platform, email services, and the actions we take in support of your rights under the Act or, if applicable, under other laws and regulations as may be applicable based on your Account subscription.
(d) Atlas Email Platform
To protect your privacy, Atlas will supply you with an Atlas email account to be used for all of your takedown notices (as used herein, a “takedown notice” is a privacy enforcement notice authorized by the Act and delivered through the Atlas platform or other delivery services arranged by Atlas) and related communications that are delivered through the Atlas platform. You will be able to access your Atlas Email account by logging into the Atlas Website. In order to ensure your security and the effectiveness of our Services, we strongly recommend that you limit the use of your Atlas email account to takedown notices for parties identified by Atlas. To facilitate delivery of the Services, and for security purposes, we will monitor all inbound and outbound email traffic to your Atlas email account, and you authorize us to respond to and follow up on your behalf with respect any takedown notices you have delivered through the Services on your behalf or on behalf of your eligible family members. Due to Atlas’ monitoring of the Atlas email accounts, we encourage you to use other methods of communication for your personal communications that do not relate to the provision of the Services.
(e) OIP and OIP Account
In order to assert your rights under the Act, you need to register with the OIP. The OIP is a New Jersey state agency that was created to implement certain aspects of the Act, including validation of an individual’s status as a Covered Person and working with State, county, and local government agencies to shield the home address of Covered Persons from disclosure on those agencies’ websites. The Act contains certain exceptions to the redaction of information from public agency records, and individuals wishing to familiarize themselves with these and other provisions of the Act should consult the text of the Act, which can be accessed here: https://www.njleg.state.nj.us/Bills/2020/PL21/371_.PDF.
Registration with the OIP requires that registrants communicate with the OIP through their “myNewJersey” account. Atlas will create a myNewJersey account to enable your registration with the OIP. If you already have a myNewJersey account, we will create a new account to be used for registering with the OIP. If you have already enrolled with the OIP, please contact Atlas support so we can confirm your enrollment. Atlas will create the password and challenge question/answer for your Atlas-created myNewJersey account (which you may access and update through Atlas support) and your myNewJersey account will be linked to your Atlas email account. The Atlas platform will allow you to securely enter the information required to register with the OIP. Once your registration is approved, you will be contacted to confirm your selections for requesting removal under the Act of your information from public records and from private party databases.
By using the Service, you authorize us to facilitate the set-up of all accounts required for your delivery of takedown notices under the Act and to facilitate the set-up of required accounts for your other eligible family members who are subscribers of the Service and provide such personal information about you and such family members as may be required to establish such accounts. At all times, the foregoing accounts will be your accounts, which you may access and manage at your discretion. We will notify you of all such accounts that are created using the Atlas Services for you and your eligible family members. Upon the termination of the Services, you will retain ownership of these accounts. In connection with Atlas’ creation of a myNewJersey account on your behalf and online registration with the OIP on your behalf, you agree to allow the New Jersey Department of Community Affairs and the OIP to share the information Atlas has submitted on your behalf with other governmental agencies for the purpose of verification. You further agree that the information provided by Atlas in connection with the foregoing will be subject to applicable New Jersey government online privacy policies and conditions of use, including those located at www.nj.gov/nj/privacy.html and www.nj.gov/nj/legal.html, and you hereby agree to and accept such privacy policies and conditions of use.
In connection with the Services, you acknowledge that Atlas is not affiliated with the OIP or any other New Jersey State agency and, instead, is a privately owned commercial service provider that facilitates registration with the OIP and provides tools for eligible individuals to enforce their privacy rights under the Act. You can learn more about the OIP directly at https://danielslaw.nj.gov/.
(f) Public Records
Once registered with the OIP, a Covered Person may submit a request to the OIP for their home address to be removed from New Jersey government records. The Act requires that Covered Persons acknowledge that the removal of their name from public files may limit their ability to be contacted or affect other of their rights that require public disclosure of their address. The Atlas platform will allow you to submit your request for redaction of your home address from New Jersey public records once you are registered with the OIP and make the required acknowledgment.
(g) Records Published by Private Parties
The Act permits Covered Persons to request third parties disclosing or “otherwise making available” their home address and/or unpublished home telephone number on the Internet to discontinue such disclosure or availability. The Atlas platform identifies such third parties, allows Covered Persons to deliver takedown notices under the Act to such third parties and provides compliance monitoring for those notices.
To provide a wide scope of protection, the Atlas platform will allow you to send takedown notices to companies that may not currently possess your data, thereby prohibiting them from publishing your information in the future.
As a subscriber to the Services, you will be able to select the parties to whom you may deliver your takedown notices and receive updates regarding those notices. To streamline the process, you will be able to auto select and designate in advance the parties to whom you would like to send your takedown notices. To protect your privacy, takedown notices delivered through the Atlas platform will be sent through your Atlas-provided email address. However, the takedown notices will contain your name, home address and home telephone number and will identify you as a member of the law enforcement community that is covered by the Act. Some recipients of takedown notices may not possess some or all of the foregoing information prior to receipt of your takedown notice.
You acknowledge that the Atlas platform’s default settings for your public and private party takedown notices are for the wide distribution in order to enhance the protection afforded by the Act, but that you may at any time access your Atlas account to update your notice delivery selections.
The Act first becomes enforceable on January 13, 2023. Accordingly, this date is the default setting under the Atlas Platform for you to commence delivery of your takedown notices. The Atlas platform will let you schedule different dates for delivery of your takedown notices.
(h) Formal Enforcement Actions
To support compliance with takedown notices, the Act provides a private right of action – meaning that individuals have the right to bring legal actions against private parties that fail to honor their takedown notices. In the event of a violation, the Act provides for minimum liquidated damages in the amount of $1,000 per violation and allows for the recovery of attorney’s fees, among other remedies.
To the extent that third parties fail to honor your takedown requests under the Act, we may facilitate introductions to counsel who may be able to provide you and/or your eligible family members with the opportunity to participate individually or as putative class members in formal legal action(s) to enforce your and their rights and recover damages and other relief. You acknowledge that we may provide information about you and relating to your takedown notices to potential and actual counsel enforcing your rights under the Act. Such counsel would only receive compensation in connection with awards of damages or settlements received as a result of their efforts. The choice to participate in each such instance of formal legal action will be at your sole discretion, and if applicable, the discretion of your eligible family members. Our role in these actions is as a facilitator, and not as your attorneys, and we shall not be responsible for the any aspect of the conduct of such legal actions.
Separate from any attorney’s fees, in connection with damage awards or settlements recovered by you that result from takedown notices delivered through the Atlas platform, you agree that Atlas will be entitled to receive compensation from you in the form of the Service Fee, as outlined in below in Section 4 (Payments).
(i) Setting Expectations
While we will perform our Services to the best of our abilities, you acknowledge that in any given instance we may not be able, and do not represent or guarantee that the Services will be able to, facilitate or achieve the successful identification of third parties that possesses and/or publicly discloses your information, including your home address and telephone numbers or enforcement of your rights under the Act. While protecting your rights and security are our paramount concern, privacy enforcement is a challenging field and we want to be realistic with you in setting expectations and underscoring that privacy protection tends to be an ongoing process rather than a one-time activity.
4. Payment
Atlas is compensated for its Services through a combination of (a) Subscription Fees and (b) success-based Service Fees that are computed as a percentage of any damages awards or settlements recovered by you under the Act as a result of or in connection with your takedown notices delivered through the Atlas platform.
Subscription Fee
If you are a PBA member who is a subscriber to the PBA’s Unlimited Legal Protection Plan (“ULPP”) that includes Atlas’ Daniel’s Law services, you will not be required to make payment of subscription fees for those Services, but subscription fees may be applicable for any additional services for which you have subscribed. If you are not a member of ULPP you can still use the Service in exchange for the subscription fee identified on the Atlas website. Atlas reserves the right from time to time to modify the scope of the Services and the subscription fees it charges for access to the Services.
Service Fee
The Service Fees charged by Atlas supports our development of the platform and related services and is payable to Atlas only if there is a monetary recovery by you for violations of your rights under the Act. With respect to the gross amount of damages awarded and/or settlements that are recovered by you (and/or your eligible family member for whom you have subscribed) in connection with or as a result of the Services for violations of the Act, you hereby irrevocably assign to Atlas twenty-four percent (24%) thereof (the “Service Fee”) and will make payment to Atlas of the Service Fee within fourteen (14) days following your receipt of the recovered amounts. In support of your payment obligation to Atlas, you hereby irrevocably appoint Atlas as your attorney-in-fact, and such appointment is coupled with an interest, to instruct your attorneys or other parties in possession or control of such damages or settlement amounts to make payment of applicable Service Fees directly to us on your behalf and, as applicable, on behalf of such eligible family members, and amounts paid by them will constitute amounts paid by you.
You acknowledge that the amount and method of computation of the Service Fees are fair and reasonable in exchange for the Services provided by Atlas in connection with the enforcement of your and your eligible family members’ rights under the Act.
You agree to make payment or direct payment to us for applicable fees. You will only be responsible for Service Fees to the extent that you receive damages awarded and/or settlements. In the event that you do not make payment to us of applicable fees or prevent payment to us of Service Fees, in addition to any other remedies, we may immediately suspend or terminate the provision of the Services to you and will provide notice of any such suspension or termination to your personal email address that you have provided when creating your Atlas Account.
Service Fee Computation: Service Fees are computed on gross amounts of recovery. By way of example, in the event that a takedown notice delivered by you through the Atlas Services results in a damages or settlement recovery by you in the total amount of $1,000, the amount of Service Fee payable by you to Atlas in connection with that recovery would be computed by applying the twenty-four percent (24%) Service Fee rate to the full $1,000, without taking into account of or adjusting for payments, if any, made or to be made by you to any other parties in connection with such recovery, resulting in a Service Fee of $240 due to Atlas.
5. Support
To reach our customer support team, please e-mail us at support@atlasprotect.com. Providing our representatives with all the information they need to solve your problem will expedite your request for assistance.
6. Restrictions
In order to protect the integrity of the Website, the Services and our systems, you agree that you will not, and will not permit others to:
Upon any actual, threatened, or suspected violation by you of the foregoing restrictions or any other provision of this Agreement or any other applicable Atlas policies, we may immediately suspend your access to all or a portion of the Services without advance notice.
7. Disclaimer of Warranties
Your use of the Website, Services and any other information, products, functionality or software made available through the Website or the Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto. The Website, Services and all materials, information and products included therein, are provided on an "as is" and "as available" basis without warranties of any kind. We expressly disclaim all warranties of any kind, express, implied or statutory, relating to the website, its content and services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
Not in limitation of the foregoing, we disclaim any warranties:
No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Our ability to confirm the identity of users of Website or Services or monitor their behavior is necessarily limited, accordingly, we disclaim all liability for actions of third parties that reflect theft or any other misuse of your identity or other personal information.
Third Parties’ Software, Content and Actions. We are not responsible for:
8. Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNT OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIFTY ($50) U.S. DOLLARS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
9. Indemnification
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
10. External Links
The Website or the Services may contain external links that provide links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. When you follow a link, or engage with a third-party service, website, resource you are interacting with the third party, not with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, products, content, promotions services or resources. Your access, purchase or use of any website, product or service, and any information provided by you or collected as a result of such interaction, shall be governed by the applicable third-party privacy policy, data gathering practices, terms of use or other agreements.
11. Modification
We reserve the right, at our sole discretion:
Your continued use of the Website or the Services after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the Website and the Services immediately, and cancel the account you have opened with us. Notwithstanding the foregoing, any modification of the Service Fee rate will require your express consent.
12. Termination and Account Cancellation
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
Termination by You. You may terminate your subscription to the Services at any time upon written notice delivered to support@atlasprotect.com, provided that any such termination will not affect our right to receive Service Fees with respect to takedown notices that have been delivered through the Atlas platform prior to such termination date.
Termination by Us. Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website or the Services, and/or may remove any of your data at any time if:
Effect of Termination. Upon termination of these Terms all licenses and rights to use the Website and the Services shall immediately terminate; and you will immediately cease any and all use of the Website and the Services.
Upon any termination you will no longer be able to access data or content submitted by you. We will have no obligation to maintain any information and content stored in our database related to your account or to forward any information to you or any third party, provided that we may retain such information for archival purposes, as may be necessary or advisable in connection with enforcement of outstanding takedown notices, for enforcement of our rights or for other internal business purposes, provided that we will not provide your data to third parties, except in connection enforcement of your takedown notices or our rights.
Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, payment of Service Fees, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
In addition to any other available relief, Atlas shall be entitled to recover its attorney’s fees in connection with any action to recover payments due from you to Atlas.
13. Intellectual Property
The Website, the Service and Atlas’ original content (excluding Content provided by users), features and functionality contained within are and will remain the exclusive property of Atlas and its licensors. The Website and Service are protected by copyright, trademark, and other laws of the United States and foreign countries and may not be used without prior written consent of Atlas.
14. Copyright Policy
Atlas respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website or Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@atlasprotect.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
15. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification to Atlas pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located.
(d) your address, telephone number, and email address.
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact Atlas’ Copyright Agent via email at legal@atlasprotect.com.
16. Jurisdiction
Choice of Law. You agree that the laws of the State of New Jersey govern these Terms, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Location for Resolving Disputes. You further agree that any disputes or claims related to these Terms will be resolved by state courts located in the State of New Jersey, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS, YOU ARE: WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN, IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE COURTS LOCATED IN NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US, AND SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
17. General
No Agency. Excluding your appointment of Atlas as your attorney-in-fact for delivering your Service Fees payment instructions, no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Services.
Government Use. Nothing in these Terms makes us a government contractor or agent of any governmental body or agency.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given:
By You:
By Us:
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Severability and Integration. These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all previous written or oral agreements regarding the subject matter hereof. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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