§19-1B-2. Legislative findings, intent and purpose of article.
§19-1B-4. Timbering license required; requirement for license; exemption; annual fee; rules.
§19-1B-5. Compliance orders; suspension of timbering operation license.
§19-1B-6. Notification of duration of timbering operations or harvesting of timber for sale; requirements thereof.
§19-1B-7. Certification of persons supervising timbering operations; timbering operations to be supervised; promulgation of rules.
§19-1B-8. Timbering operations enforcement fund.
§19-1B-10. Orders of the director.
§19-1B-11. Creation of conference panels; authority.
§19-1B-12a. Criminal and civil penalties.
§19-1B-13. Cooperation of other state agencies.
§19-1B-14. Effect on other laws.
This article shall be known and cited as the "Logging Sediment Control Act."
The Legislature hereby finds that some activities associated with the commercial harvesting of timber results in the exposure of soil and that, if uncontrolled, such exposed soil can erode resulting in gullying, soil slippages and sediment deposition in streams.
It is the policy of this state to strengthen and extend the present sediment control activities of this state by implementing operator licensing, logger certification and logging operations notification programs through the Division of Forestry.
(a) "Best management practices" means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting.
(b) "Chief" means the Director of the Division of Water and Waste Management of the Department of Environmental Protection, or his or her designee.
(c) "Director" means the Director of the Division of Forestry of the Department of Commerce or his or her designee.
(d) "Operator" means any person who conducts timbering operations.
(e) "Timbering operation," or the plural, means activities directly related to the severing or removal of standing trees from the forest as a raw material for commercial processes or purposes. For the purpose of this article, timbering operations do not include the severing of evergreens grown for and severed for the traditional Christmas holiday season; the severing of trees incidental to ground-disturbing construction activities, including well sites, access roads and gathering lines for oil and natural gas operations; the severing of trees for maintaining existing, or during construction of, rights-of-way for public highways or public utilities or any company subject to the jurisdiction of the Federal Energy Regulatory Commission unless the trees so severed are being sold or provided as raw material for commercial wood product purposes; or the severing of trees by an individual on the individual's own property for his or her individual use provided that the individual does not have the severing done by a person whose business is the severing or removal of trees.
(f) "Sediment" means solid particulate matter, usually soil or minute rock fragments, moved by wind, rainfall or snowmelt into the streams of the state.
(a) A person may not conduct timbering operations, purchase timber or buy logs for resale until he or she has obtained a license and met the requirements of this article.
(b) Exemptions.– A person who severs or removes, or hires or contracts with another to sever or remove, standing trees from his or her own land is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by or for this owner have an aggregate stumpage value that does not exceed $15,528. A person hired or contracted to sever or remove standing trees from the land of another is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by the hired or contracted person have an aggregate stumpage value that does not exceed $15,528.
(3) Any other information as required by the director.
(d) The director shall propose rules for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code, regarding the acquisition, suspension and revocation a license under this article. The rules are the proper subject of emergency legislative rules that may be promulgated in accordance with the provision of section fifteen, article three, section twenty-nine-a of this code.
(e) The director shall prescribe a form providing the contents and manner of posting notice at the timbering operation. The notice shall include, at a minimum, the operator's name and license number.
(a) Upon a finding by the chief that failure to use a particular best management practice is causing or contributing, or has the potential to cause or contribute, to soil erosion or water pollution, the chief shall notify the director of the location of the site, the problem associated with the site, and any suggested corrective action. Upon the failure of the director to take appropriate action within three days of providing notice to the director, the chief may seek relief through the conference panel in accordance with section eleven of this article.
(b) Upon notification of the chief or upon a finding by the director that failure to use a particular best management practice is causing or contributing, or has the potential to cause or contribute, to soil erosion or water pollution, the director shall issue a written compliance order requiring the person conducting the timbering operation to take corrective action. The order shall mandate compliance within a reasonable and practical time not to exceed ten days. The person subject to the order may appeal the order within forty-eight hours of its issuance to the conference panel in accordance with section eleven of this article.
(3) A certified logger is not supervising the timbering operation.
(d) The timbering operation, the operator, or both shall remain suspended until the corrective action mandated in the compliance order is instituted. The director shall not lift the suspension until compliance is satisfactory or until overruled on appeal. Failure to comply with any compliance order is a violation of this article. The timbering operator or operation subject to the compliance order may appeal to the conference panel in accordance with the provisions of section eleven of this article.
(e) For a second violation within any two-year period, the director may suspend the license of any operator conducting a timbering operation or the certification of any certified logger supervising a timbering operation for no less than thirty nor more than ninety days if the person is found in violation of this article or article eleven, chapter twenty-two of this code. One or more violations for the same incident is only one violation for purposes of this subsection.
(f) For a third violation within any two-year period, the director may revoke the license of any operator conducting timbering operations or the certification of any certified logger if the person is found in violation of this article or article eleven, chapter twenty-two of this code. One or more violations for the same incident is only one violation for purposes of this subsection. A revoked license is not subject to reissue during the current licensing period.
(g) The director shall notify the chief of any order issued or any suspension or revocation of a license pursuant to this section within thirty days of the director's action.
(a) In addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conducted. The notification shall be made in a manner designated by the director.
(D) An acknowledgment that the harvester of timber will conduct the harvest according to best management practices.
(I) The name or names of the person or persons who will be supervising the timbering operations at the site of the operations and his or her logger certification numbers.
(b) The notification shall be made within at least three days of the beginning of the operation.
(c) Further notice shall be given if the operation is to be, for any reason, closed more than seven days before the estimated date for closing provided under paragraph (B), subdivision (2), subsection (a) of this section.
(a) Any individual supervising any licensed timbering operation, or any individual supervising any timbering operation that is not exempted from the licensing requirements set forth in section four of this article, must be certified pursuant to this section.
(b) The director is responsible for the development of standards and criteria for education, training and examination that must be successfully completed for persons to be certified to supervise any timbering operation. The certified logger shall attend a training program every four years after certification. The program for certified loggers shall provide for education and training in the safe conduct of timbering operations, in first aid procedures and in the use of best management practices to prevent soil erosion on timbering operations. The goals of this program will be to assure that timbering operations are conducted in accordance with applicable state and federal safety regulations in a manner that is environmentally sound and safe.
(c) The director shall provide programs using the resources of the division, other appropriate state agencies, educational entities and other qualified persons. Each inspector under the jurisdiction of the chief shall attend a certification program free of charge and complete the certification requirements of this section.
(d) The director shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, to effectuate the purposes of this article.
(e) Upon a person's successful completion of the certification requirements, the director shall provide proof of the completion by issuing a numbered certificate and a wallet-sized card to that person. The division shall maintain a record of each certificate issued and the person to whom it was issued.
(f) The certified logger shall submit a fee of $150 for the initial certification application and the renewal application every two years thereafter.
(g) Every timbering operation that is required to be licensed under section four of this article must have at least one person certified pursuant to this section supervising the operation at any time the timbering operation is being conducted. All timbering operators shall be guided by the West Virginia forest practice standards and the West Virginia silvicultural best management practices to reduce sediment movement during a timber operation.
(h) The director shall, at no more than five-year intervals, convene a committee to review the best management practices to ensure that they reflect and incorporate the most current technologies. The committee shall, at a minimum, include a person researching silvicultural best management practices, a person in the field of silviculture, two loggers certified under this article, a representative of the Division of Water and Waste Management of the Department of Environmental Protection and a representative of an environmental organization. The director shall chair the committee and may amend the best management practices according to the suggestions of the committee for the next certification cycle.
There is created in the state Treasury a special revolving fund designated the "Timbering Operations Enforcement Fund." All fees collected pursuant to this article shall be deposited into the fund: Provided, That amounts deposited in the fund which are found from time to time to exceed the amounts necessary to effectuate the purposes of this article may be redesignated for other purposes by appropriation by the Legislature.
This fund shall be appropriated to the Division of Forestry to be used for the administration and enforcement of the provisions of this article and for no other purpose.
The director or the chief has the right to enter upon any property for the purpose of making inspections to ensure that the provisions of this article and any rules promulgated pursuant thereto are being complied with.
Notwithstanding the provisions of section five of this article, whenever the director determines that any person has violated a provision of this article or any rules promulgated pursuant thereto, he or she may enter an order directing the person to cease the violation and, where appropriate, to take such action to remediate damage created or to take action appropriate for the specific site.
Any person having an interest which is or may be adversely affected by any order of the director may file an appeal in accordance with the provisions of section eleven of this article.
(a) Each forestry region in this state shall contain an informal conference panel composed of three persons to decide appeals of the director's orders. One member of the panel shall be selected by the director, one member shall be selected by the chief and one member shall be selected by agreement between the chief and the director. If a vacancy exists on the panel, the vacancy shall be filled by whomever made the initial selection. The members of the panel shall serve without compensation.
(b) Upon appeal of a decision under this section or upon petition by the chief, pursuant to the provisions of subsection (a), section five of this article, the panel shall hold an informal conference affirming, modifying or vacating an order of the director, or issuing an order in the name of the director. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notice of its decision to the parties. The decision of the panel is final.
(c) A party aggrieved by a decision of a panel may appeal to the circuit court of the county wherein the cause for the order arose. The appeal must be filed with the circuit court within twenty days of the date of decision of the panel and shall be heard de novo by the court. The court may reverse, vacate or modify the decision of the panel. The decision of the circuit court is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in the manner provided by law.
Acts, 2014 Reg. Sess., Ch. 70.
(5) Fail to reclaim the real property in accordance with the best management practices set forth by the Division of Forestry and the committee established in subsection (h), section seven of this article.
(b) Criminal and civil penalties. -- A person that violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than $250 nor more than $500 for each violation. In addition to fines and costs, a person or entity convicted of a violation of this section shall pay a $500 civil penalty to the division within sixty days. The civil penalty shall be collected by the court in which the person is convicted and forwarded to the State Treasurer for deposit in the Division of Forestry Timber Operations Enforcement Fund (3082) for use in administering the provisions of this article.
(c) Each day that a person is in violation of this section constitutes a separate criminal and civil offense.
(d) In addition to any other law-enforcement agencies that have jurisdiction over criminal violations, any forester or forest technician employed by the Division of Forestry who, as a part of his or her official duties is authorized by the Director of the Division of Forestry to inspect timbering operations, is authorized to issue citations for any of the listed violations in this article that he or she has witnessed. The limited authority granted to employees of the Division of Forestry to issue citations to enforce the provisions of this section does not include the power to place any individual or person under arrest.
All state agencies shall cooperate with the director in the director's efforts to ensure that persons conducting timbering operations are doing so in compliance with all applicable provisions of state law, and the director shall cooperate with such other state agencies to enforce their statutory and regulatory responsibilities and duties. Cooperation shall include the sharing of information necessary or helpful to the accomplishment of such responsibilities and duties. The director shall notify the chief of commencement of timbering operations. The chief and the director each shall submit an annual report on the progress and effectiveness of the programs incorporated in this article to the Governor, the Speaker of the House of Delegates and the President of the Senate.
Nothing in this article relieves any person conducting timbering operations from complying with any other provision of this code.


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We, the TeamViewer GmbH, take protection of your personal data very seriously. The following policy provides an overview of how we ensure this protection and what kind of data is processed for what purpose. Personal data means any information relating to an identified or identifiable natural person, such as your name, address, email addresses, user behavior.
TeamViewer GmbH (“TeamViewer”), Jahnstr, 30, 73037 Göppingen, privacy@teamviewer.com, provides this website. In accordance with Art. 4 para. 7 General Data Protection Regulation (“GDPR”) and § 13 German Telemedia Act, TeamViewer is controller of your personal data.
TeamViewer appointed Mr. Häcker as external data protection officer, who can be reached at privacy@teamviewer.com or at dsb-teamviewer@ensecur.de or at ENSECUR GmbH, to the attention of Mr. Julian Häcker, Rotebühlplatz 20A, 70173 Stuttgart.
TeamViewer collects and processes different categories of personal data depending on the respective service used by you. The following paragraph outlines the categories of data processed by category of service.
Cookies: Furthermore, when you visit our website, cookies are stored on your computer. Cookies are small text files that are stored on your hard disk in association with the browser you are using and through which specific information flows to TeamViewer. Cookies cannot initiate programs nor deliver viruses to your computer. They serve only to make the internet service more user-friendly and effective. This website uses the different kinds of cookies set out in our Cookies Policy. Click here for more informations.
Web analytics, social media plugins, remarketing tools and third party integrated services: TeamViewer uses web analytic applications (please refer to G. for further information), remarketing tools for advertisement purposes (please refer to H. for further information), social media plugins (please refer to I. for further information) and third party integrated services (please refer to J. for further information). By and through these applications and tools, the aforementioned personal data of our users are collected. For further information on those tools and applications, please proceed to relevant provision below and review the description provided there.
II. Contact our Sales Team: When you contact our sales team through our website contact form, TeamViewer will collect your name, email address, country, subject and description; if you provide us with your phone number, company information and other information marked as optional, we will also collect this information and use it for contacting you and serving your request. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. Please note that TeamViewer as a global company may receive messages that require translation. In such case, our employees use translation tools in order to process your inquiry. Thus, please ensure that you do not enter personal information into the subject line and description field of your inquiry.
III. Quote Request Feature: If you request a quote for Blizz, TeamViewer will collect your name, address, and email address, your company information, and product inquiry; if you provide us with additional information such as your phone number and your country information, we will also collect such information and use it to serve the request. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use.
IV. Buy Now Feature: We will process your name, address, Zip code, city, phone, email address and your chosen payment method if you purchase Blizz from our website. If you provide us with additional information such as a salutation, company, and country information, we will also process this information. The Payment Token will be provided by the Payment Service Provider as a record of the transaction. Required fields necessary to conclude the transaction are specially marked; any additional information is voluntary and based on your consent. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. Please note that when you opt to use our Buy Now feature and click on the confirm your order button, you will be forwarded to the Nexway website. TeamViewer uses Nexway S.A.S.’s payment services means that Nexway will also process your personal data. For further information, please consult Nexway’s privacy statement here: https://corporate.nexway.com/legal-notice-privacy/.
V. Download through Apple App Store: If you click on the Mac or IPhone button to download Blizz, you are being forwarded to the Apple App Store, a service provided by Apple Inc., 1 Infinite Loop, Cupertino, California, USA, 95014. This means that Apple Inc. receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 para. 7 GDPR.
VI. Download through Google Play: if you click on the Android button to download Blizz to your Android phone, you are being forwarded to Google Play, a service provided by Google, Inc., Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This means that Google, Inc. receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 para. 7 GDPR.
VII. Download through Microsoft: if you click on the Windows PC button, you are being forwarded to the Microsoft App Store, a service provided by Microsoft Ireland Operations Limited (“Microsoft”), The Atrium Building Block B, Carmanhall Road, Sandyford Business Estate, Dublin 18. This means that Microsoft receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 para. 7 GDPR.
VIII. Newsletter Subscription: If you sign up for our newsletter, TeamViewer will collect your email address by obtaining your consent. Please note that TeamViewer uses the so-called double opt-in method by which you receive a confirmation email after you provided us with your email address to subscribe to our newsletter. If you do not confirm your email address within 24 hours, TeamViewer will delete your newsletter request. You may revoke your consent for the processing of your email address for newsletter receipt at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use.
X. Blog: TeamViewer will process your email address if you subscribe to our blog. If you want to post a comment in our blog, TeamViewer will process your name and email address; if you provide us with a website, we will also process this information. You may comment publicly on different subjects concerning TeamViewer’s activities and products in TeamViewer’s Blog. Your comment will be published in the relevant topic section by showing your user name. We recommend to use an assumed name instead of your real name. Please note that your comments are publicly accessible and will appear in search engines; therefore, please check prior to posting if your comment contains personal data.
XI. User Focus Program: If you participate in the Blizz User Focus Program, we will collect your name, email address and user experience in a survey.
To the extent TeamViewer is required to process any of your personal data in order to comply with a legal obligation we are processing your personal data on basis of Art. 6 para. 1 c) General Data Protection Regulation (“GDPR”).
Legal basis for processing personal data outlined under C. 1. is a user agreement concerning the use of our website, i.e. Art. 6 para. 1 lit. b) GDPR.
II. Contact our Sales Team: If you place an inquiry with us by using the contact form, TeamViewer needs to process your personal data in order to answer your request. Legal basis for processing your personal data is a service agreement, i.e. Art. 6 para 1 lit. b) GDPR. In case you submit additional data based on your consent, the legal basis for processing is Art. 6 para. 1 lit. a) GDPR.
to be efficient about how we fulfil our legal and contractual duties.
Legal basis for processing your personal data is your request prior to entering into a contract, i.e. Art. 6 para. 1 lit. b) GDPR.
Legal basis is therefore Art. 6 para. 1 lit. b) GDPR.
V. Apple App Store: In order for TeamViewer to offer TeamViewer for Mac, we embedded a hyperlink to Apple Inc.’s App Store to which you are being forwarded. Legal Basis to forward you to the App Store is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR.
VI. Google Play: In order for TeamViewer to offer TeamViewer for Android products, we embedded a hyperlink to Google Inc.’s Play Store to which you are being forwarded. Legal Basis to forward you to Google Play is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR.
VII. Microsoft App Store: In order for TeamViewer to offer TeamViewer for Microsoft products, we embedded a hyperlink to Microsoft’s App Store to which you are being forwarded. Legal Basis to forward you to Microsoft is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR.
Legal basis for providing you with the newsletter is your consent in accordance with Art. 6 para. 1 lit. a) GDPR, which you may revoke at any time with effect for the future.
IX. Community: TeamViewer’s community helps us to satisfy our business purpose to assist product users with an open platform where issues, experiences and improvements can be shared and resolved. If you post a comment in our community, TeamViewer commissioned Lithium to process your personal data, so we understand what topics are most relevant to our users and for us to design our website user friendly and interesting. TeamViewer also processes your personal data so that we are able to raise a defence in the event that a third party complains about your community comment’s content. In such case, TeamViewer needs to be able to contact you. Legal basis for such processing is a user agreement concerning the use of our community and our legitimate interest of legal defense, i.e. Art. 6 para. 1 lit. b) in connection with Art. 6 para. 1 lit. f) GDPR.
X. Blog: TeamViewer’s Blog helps us to satisfy our business purpose to assist product users with an open platform where issues, experiences and improvements can be shared and resolved. TeamViewer also processes your personal data so that we are able to raise a defense in the event that a third party complains about your Blog comment’s content. In such case, TeamViewer needs to be able to contact you. Legal basis for such processing is a user agreement concerning the use of our Blog and our legitimate interest of legal defense, i.e. Art. 6 para. 1 lit. b) in connection with Art. 6 para. 1 lit. f) GDPR.
XI. User Focus Program: If you participate in the User Focus Program as TeamViewer’s product user group, we will process your personal data for carrying out surveys to share user experience and knowledge. Legal basis is your consent, i.e. Art. 6 para. 1 lit a) GDPR.
TeamViewer has strong technical and organizational security measures to protect personal data against unauthorized disclosure and to ensure that only relevant individuals, which act within their job description and have a need to know interest in accessing personal data, will have access to your personal data. TeamViewer may transfer your personal data to third parties if we offer participation in campaigns, contests, reservations, or contract agreements in conjunction with a third party. In this case, you will be specifically informed about the transmission to the third parties before your data is forwarded.
We will not share your personal data with local authorities or courts except where we are required to do so by applicable law, a court order or a legally binding injunction. TeamViewer employees, who administer, maintain and further develop Blizz’ product and services will receive access to your personal data.
If you use our product, contact us through the contact feature, support and feedback features, if you request a quote, and/ or if you subscribe to our newsletter, TeamViewer employees that are responsible for the respective service will receive access to your personal data.
If you post a comment in Blizz’ community or Blog, your comment content and name/user name will be publicly available and may appear in search engines. Aside from TeamViewer employees, employees of Lithium may receive access to your personal data as described under C. I. if comment in TeamViewer’s community.
If you purchase a TeamViewer product through our Buy Now feature, TeamViewer employees as well as Nexway and bank employees concerned with processing such transactions will receive access to your personal data. Please note that TeamViewer uses SSL technology encryption for payments to prevent unauthorized third party access to your financial data. If you download Blizz through the Apple App Store, employees of Apple Inc. receive access to your personal data as described under C. V.. Similarly, if you download Blizz through Google Play, employees of Google Inc. receive access to your personal data as described under C. VI. If you download TeamViewer through Microsoft, employees of Microsoft Inc. receive access to your personal data as described under C. VII.
If you post a comment in the Blizz community, your comment content and name/user name will be publicly available and may appear in search engines. Furthermore, employees of Lithium may receive access to your personal data as described under C. IX.
In addition to services described under G., H., I., and J., TeamViewer uses external third party service provider for maintenance and hosting of its IT-systems. TeamViewer has chosen such external third party service providers carefully. Furthermore, employees of such third party service provider will receive access to your personal data only within the scope of their job description, and are bound by TeamViewers directives concerning data processing. Furthermore, Google employees as well as employees of social plugins and integrated services, as described below, may receive access to your personal data. Please note that such data processing done by Google, social plugin providers, and integrated service providers is beyond TeamViewers control.
Except as mentioned under G., H., I., and J. concerning data transfers to the USA and for group internal IT services provided from outside the EU, including Australia, US and Armenia, TeamViewer will not transfer your personal data outside the EU and/or EEA. TeamViewer will transfer your personal data only when required to so by law or orders from the relevant authority.
Where TeamViewer transfers your personal data out of the EU or the EEA to countries that do not have an adequate level of data protection recognized by the EU, we will apply safeguards to adequately protect your personal data. Please refer to obtain a copy of the Standard Contractual Clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC, or to https://www.privacyshield.gov/EU-US-Framework to obtain a copy of the EU-U.S. Privacy Shield Framework.
Your personal data will be deleted once you revoked consent, or the purpose for processing has ceased to exist. In some cases, TeamViewer is legally obligated to retain data for a certain period. Once this period has lapsed, TeamViewer will delete the data in accordance with data protection obligations.
I. Cookies: Please click here https://www.teamviewer.com/cookies-policy to access our Cookies Policy for further information.
II. Contact information: TeamViewer is legally obligated to retain support feature requests from customers concerning product support inquiries in accordance with § 257 HGB and § 147 AO for a minimum of six and a maximum period of 10 years. With regard to personal data provided through contact requests, TeamViewer will retain such request for three months following closure of the request and delete such data thereafter.
III. Quote request: Personal data provided in connection with quote requests is retained by TeamViewer for three months following the period of quote validity, provided no ensuing contract was concluded. Provided the quote request lead to conclusion of a contract, please refer to F. II. for information on retention periods.
IV. Buy Now Feature: Personal data provided in connection with a product purchase, i.e. address- and payment information as well as the order date, is retained by TeamViewer for a minimum period of six years in accordance with § 257 HGB, and a maximum period of 10 years in accordance with § 147 AO.
VII. Apple App Store: Personal data processed in connection with a download as described under C. VII. will be retained by Apple Inc. Please refer to https://www.apple.com/legal/privacy/en-ww/ for further information.
VIII. Google Play: Personal data processed in connection with a download as described under C. VIII. will be retained by Google Inc. Please refer to https://policies.google.com/privacy?hl=en-US&gl=de for further information.
IX. Microsoft: Personal data processed in connection with a download as described under C. IX. will be retained by Microsoft. Please refer to https://privacy.microsoft.com/en-us/privacystatement for further information.
VII. Newsletter Feature: If you subscribed to the Blizz newsletter, TeamViewer will retain your personal data for three months, unless you revoked your consent in which case TeamViewer will delete your personal data within three months after revocation. If you did not confirm your email-address within 24 hours after having requested our Blizz newsletter, TeamViewer will delete your personal data.
VIII. Community: Personal data provided in connection with your community posts are retained for as long as you as you are a community member up until you deregister.
XIII. Blog: Personal data provided in connection with your Blog subscription will be retained until you deregister.
XIV. User Focus Program: Personal data provided during your participation in the User Focus Program will be collected through surveys, stored in spread sheets and will deleted after three months.
TeamViewer uses Google Analytics, a web analytics service provided by Google Ireland Ltd. (“Google“), with its business address at Gordon House, Barrow Street, Dublin 4, Ireland. Google Analytics uses “Cookies”, i.e. text files that are stored on your computer and enable analysis of your website use. TeamViewer uses Google Analytics with the extension “_anonymizeIp()”. Thereby, IP addresses are processed in a shortened form and no direct reference to individuals is possible. TeamViewer uses Google Analytics to analyze and improve its website. TeamViewer receives statistics which help us to make our online presence more interesting for you. Legal basis to use Google Analytics is Art. 6 para. 1 lit. f) GDPR. The information generated by cookies about your use of this website is usually transmitted to and stored on a Google server in the USA. If you enable IP anonymization on this website, your IP address from Google will be shortened within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and shortened there. Google has subjected itself to the EU-US Privacy Shield for any such exceptional cases in which your personal data will be transmitted to the USA; further information are available under www.privacy-shield.gov/EU-US-Framework. Google will on behalf of TeamViewer use this information to evaluate your use of the website, compile reports on website activity, and provide other services regarding website and internet use to TeamViewer.
The IP address transmitted by your browser as part of the Google Analytics will apparently not be merged with other data from Google.
As further explained in our Cookies Policy, you may block cookies from being stored on your device by adjusting the settings in your browser software; however, in such case, you may not be able to use all of the features and functionalities of our website. You can also block the collection of the data generated by the cookie and the data related to your use of the website (incl. your IP address) as well as the processing of this data by Google, by downloading and installing a browser plugin available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
TeamViewer uses Hotjar heatmaps, recordings, funnels, forms and polls, services provided by Hotjar Ltd. St. Julian’s Business Center, Elia Zammit Street, St. Julians 1000, Malta.
Provides a system for analysis of data sets generated by Google analytics.
The integrations between both our web analytics and paid advertising platforms together to give us additional insight. This allows us to tailor our advertising to ensure the right types and offers are shown to you while you are using the internet outside our website.
Which gives us additional insight into who has viewed our paid digital advertising on other websites. This will help us optimize and tailor our advertising.
Which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites.
Provides challenge-response text functionality to determine whether or not the website interaction is with a human, to protect again machine input.
Google Optimize analyzes the use of different variations of our website and helps us to improve the usability according to the behavior of our users on the website. No personal data is processed.
c) Through permanently deactivating cookies in your Firefox, Internet Explorer or Google Chrome under google.com/settings/ads/plugin. Please note that if you deactivate these cookies, you may not be able to use all functionalities of our website.
TeamViewer uses Google Remarketing in addition to AdWords. This is an application that allows us to address you again. After visiting our website and while you are surfing the internet, our advertisement can be displayed to you by and through this application. This is enabled by cookies stored in your browser which track and analyze user behavior on different websites for Google. Google can track your previous visit to our website. According to its own statement, Google does not combine data gathered through remarketing with any personal data Google may have stored about you. Furthermore, pseudonymization is being used as part of remarketing. If you do not want to use the remarketing feature from Google, you can disable it by changing the appropriate settings at http://www.google.com/settings/ads.
Currently, we use social media plugins (“plugins”) from Facebook, Instagram and Twitter (“plugin provider”).
TeamViewer uses Facebook plugins on our website which are provided by Facebook Inc. Facebook’s plugins are identifiable by the Facebook logo and/or the “thumbs up” – symbol. Additionally, TeamViewer uses the short messaging service Twitter Inc, which can be identified by a button that contains a bird. We also use Instagram plugins that are identifiable by a camera logo.
By using plugins, TeamViewer provides an opportunity to interact with social media and other social media users on its website. Plugins are provided to increase TeamViewer’s internet presence and make it more interesting to you. Legal basis for use of the plugins is Art. 6 para. 1 lit. f) GDPR.
Every time you visit our website and any part thereof that contains a plugin, the plugin causes your browser to directly connect with the plugin provider’s server. With regard to Facebook and its own statement, IP addresses collected within Germany are apparently anonymized right after collection.
By activating the plugin, your personal data as described under C.I. is transmitted to and stored by the plugin provider, likely on a server located in the USA. As personal data is collected by and through cookies, we recommend that you delete all cookies through security settings of your browser. Please note that data collection and processing are beyond TeamViewers control and we have neither been informed of the entire scope of data collection, purpose of the processing, nor any data retention periods. We have also not been informed if and when data is being deleted.
Plugin provider store data collected about you as user profiles and use such data for advertisement purposes, market research and/or need based design of their websites. Evaluation of such data (even of users not logged in) is particularly used for need-based advertisements and to notify other users of the same social network of your activities on our website.
Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; for further information on Twitter’s privacy refer to: https://twitter.com/privacy.
Your data is being transmitted to the plugin provider, regardless if you maintain a profile with the plugin provider and/or if you are currently logged in. If you are currently logged into your social media profile, data collected on your visit of our website is directly matched to your social media profile. If you activate the plugin, e.g. by liking or retweeting our website, such information is stored in your social media profile and will be publicly shared with your contacts. We recommend that you log off your social media profile every time you are done using it, particularly, before you activate any plug-in buttons so that you can avoid a matching of data with your social media profile. For Facebook, you may also use a browser add-on called “Facebook Blocker” which is available at the following link http://webgraph.com/resources/facebookblocker/ and which may prevent data collection and disclosure of your data in the future.
TeamViewer may integrate videos in our website, which are stored on www.youtube.com. These videos can be played on our website. When you visit the TeamViewer website, YouTube receives information on what particular website you visit. Your personal data as described under C. I. is transmitted to YouTube. Such transmission takes place, regardless if you are logged into your YouTube account, or if you do not maintain such account. If you are logged into your YouTube account, your personal data will be matched with your YouTube profile. If you do not wish that your personal data is being matched with your profile, you should log out of your YouTube account prior to activating a YouTube video.
Legal basis for integration of YouTube Videos into our Blizz website is Art. 6 para. 1 lit. f) GDPR. TeamViewer uses YouTube videos to make our website more interesting to you and to integrate a service with which users may receive useful information about our services.
Please note, that it is beyond TeamViewers control how long and in what way YouTube will retain your data. For further information concerning purpose and scope of data collection and processing, please visit https://www.google.de/intl/de/policies/privacy/.
You have a right to object to such processing of your personal data, however, you will have to address such right to YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
You may choose not to provide your personal data or provide incomplete personal data. However, you should be aware that you may not be able to use all of the functionalities of our website; where we ask for consent and you choose not to provide it, we may not be able to provide you with the information or service requested.
TeamViewer does not use your personal data for automatic decision-making. As described under G., H., I. and J., TeamViewer uses your personal data for profiling, unless you changed your browser settings to prevent cookie placements. Evaluation of your personal data by Google Analytics is done after your IP address has been abbreviated so that you can no longer be identified.
You have the right to lodge a complaint with a supervisory authority in relation to the processing of your personal data. In order to file a complaint, please contact the supervisory authority competent for the state of your residence or address it to “Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit, Königstraße 10a, 70173 Stuttgart, Germany“.
Should you have any questions, please contact privacy@teamviewer.com.
This Policy contains links to sites and information that is not under TeamViewer direct control. These links are therefore subject to change and TeamViewer will review and update this Policy periodically to reflect such changes.

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Entitlement to a disability rating in excess of 0 percent for bilateral hearing loss.
A disability rating in excess of 0 percent for bilateral hearing loss is denied.
During the entire appeal period, the Veteran's service-connected bilateral hearing loss has been manifested by combinations of right and left hearing loss which are not productive of a compensable rating.
The criteria for a disability rating in excess of 0 percent for bilateral hearing loss have not been met for any period. 38 U.S.C.A. §§ 1155, 5103, 5103A, 5107 (West 2014); 38 C.F.R. §§ 3.102, 3.159, 4.1, 4.2, 4.3, 4.6, 4.7, 4.10, 4.85, Diagnostic Code 6100 (2016).
The appellant is a veteran (the Veteran) who had active duty service from March 1965 to September 1974.
This appeal comes before the Board of Veterans' Appeals (Board) from a January 2011 rating decision of the RO in Columbia, South Carolina.
In August 2016, the Board remanded this appeal for additional evidentiary development. The appeal has since been returned to the Board for further appellate action.
The Board has considered whether the rating claim includes a claim of entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) in accordance with Rice v. Shinseki, 22 Vet. App. 447 (2009). However, the Veteran does not contend that his hearing loss renders him unable to secure or follow a substantially gainful occupation.
Disability ratings are determined by evaluating the extent to which a veteran's service-connected disability adversely affects his or her ability to function under the ordinary conditions of daily life, including employment, by comparing his or her symptomatology with the criteria set forth in the Schedule for Rating Disabilities. See 38 U.S.C.A. § 1155; 38 C.F.R. § 4.1. If two ratings are potentially applicable, the higher rating will be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the veteran. See 38 C.F.R. § 4.3.
A disability rating may require re-evaluation in accordance with changes in a veteran's condition. Thus, it is essential that the disability be considered in the context of the entire recorded history when determining the level of current impairment. See 38 C.F.R. § 4.1. See also Schafrath v. Derwinski, 1 Vet. App. 589 (1991). Nevertheless, where a veteran is appealing the rating for an already established service-connected condition, his present level of disability is of primary concern. See Francisco v. Brown, 7 Vet. App. 55, 58 (1994). However, when an appeal is based on the assignment of an initial rating for a disability, following an initial award of service connection for this disability, the rule articulated in Francisco does not apply. Fenderson v. West, 12 Vet. App. 119 (1999). Instead, the evaluation must be based on the overall recorded history of a disability, giving equal weight to past and present medical reports. Id. Staged ratings are appropriate for an increased-rating claim when the factual findings show distinct time periods where the service-connected disability exhibits symptoms that would warrant different ratings. Hart v. Mansfield, 21 Vet. App. 505 (2007).
Disability ratings for hearing loss are derived from a mechanical application of the rating schedule to the numeric designations resulting from audiometric testing. See Lendenman v. Principi, 3 Vet. App. 345 (1992).
The rating schedule establishes 11 auditory hearing acuity levels based on average pure tone thresholds and speech discrimination. See 38 C.F.R. §§ 4.85.
When the pure tone threshold at each of the four specified frequencies (1,000, 2,000, 3,000 and 4,000 hertz) is 55 decibels or more, the rating specialist will determine the Roman Numeral designation for hearing impairment from either Table VI or Table VIa, whichever results in the higher numeral. Each ear will be evaluated separately.
When the pure tone threshold is 30 decibels or less at 1,000 hertz, and 70 decibels or more at 2,000 hertz, the rating specialist will determine the Roman numeral designation for hearing impairment from either Table VI or Table VIa, whichever results in the higher numeral. That numeral will then be elevated to the higher Roman numeral. Each ear will be evaluated separately. 38 C.F.R. § 4.86 (2016).
After the evidence has been assembled, it is the Board's responsibility to evaluate the entire record. 38 U.S.C.A. § 7104(a) (West 2014). When there is an approximate balance of evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C.A. § 5107 (West 2014); 38 C.F.R. §§ 3.102, 4.3 (2016). A VA claimant need only demonstrate that there is an approximate balance of positive and negative evidence in order to prevail. Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). To deny a claim on its merits, the preponderance of the evidence must be against the claim. Alemany v. Brown, 9 Vet. App. 518, 519 (1996), citing Gilbert at 54.
The current appeal arises from a claim of entitlement to service connection for bilateral hearing loss received at the RO on September 28, 2010. In the appealed January 2011 rating decision, the RO granted service connection for bilateral hearing loss, assigned an initial disability rating of 0 percent under Diagnostic Code 6100, and assigned an effective date of September 28, 2010.
Applying these values to Table VI results in level III in the right ear and level III in the left ear. Application to Table VII at 38 C.F.R. § 4.85 produces a 0 percent rating (VBMS record 09/28/2010).
Applying these values to Table VI results in level III in the right ear and level III in the left ear. Application to Table VII at 38 C.F.R. § 4.85 produces a 0 percent rating.
Applying these values to Table VI results in level IV in the right ear and level II in the left ear. Application to Table VII at 38 C.F.R. § 4.85 produces a 0 percent rating.
The Board has also considered the Veteran's statements regarding the effect of his hearing loss, and those submitted on his behalf. In the initial claim and Notice of Disagreement, the Veteran simply described bilateral hearing loss. In the VA Form 9, he provided no argument. In the VA Form 646, his representative provided no further comment. In the Informal Hearing, his representative requested that the Board remand the claim if the evidence were found to be inadequate, but otherwise requested the benefit of the doubt. The Veteran described the effect of his hearing loss on his activities of daily life to the February 2017 examiner as: "The telephone and conversations are difficult and my wife tells me I don't hear her very well. Sometimes I will answer something that was not what I was asked. I hear but don't understand."
After a review of all of the evidence, the Board finds that no additional development of the claim is necessary, and finds that the criteria for a rating in excess of 0 percent have not been met at any time pertinent to the period on appeal. The Board further finds that the criteria for a rating in excess of 0 percent are not more nearly approximated than those for the 0 percent rating. 38 C.F.R. § 4.7.
The Veteran's description of the effect of his symptoms and impairment is consistent with decreased auditory acuity and speech recognition. These symptoms and functional impairment are fully contemplated by the rating currently assigned.
Neither the Veteran nor his representative has raised any other issues, nor have any other issues been reasonably raised by the record. See Doucette v. Shulkin, 28 Vet. App. 366, 371 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). See also Martinak v. Nicholson, 21 Vet. App. 447 (2007).
As the criteria for a compensable rating are not met, the Board concludes that an increase rating is not warranted. In reaching this conclusion, the Board has considered the applicability of the benefit-of-the-doubt doctrine. However, as the preponderance of the evidence is against the claim, that doctrine is not applicable. See 38 U.S.C.A. § 5107(b); 38 C.F.R. § 3.102; Gilbert, 1 Vet. App. at 53-56.