AEM Energy Solutions Sdn. Bhd.

(Last Updated: 5th February 2026)

This Privacy Policy explains how AEM Energy Solutions Sdn. Bhd. (“AEM”, “we”, “us”, “our”) respects the privacy of its customers and our commitment to protecting Personal Data in accordance with applicable laws, including the Personal Data Protection Act 2010 (PDPA) of Malaysia.

This Privacy Policy explains how Personal Data is collected, used, disclosed, stored and protected in connection with the use of our software-as-a-service platform, currently known as WellSight360 (name subject to change) (“Service”).

By accessing or using the Service, you agree to the practices described in this Privacy Policy.

1. Scope

This Privacy Policy applies to:

• Corporate customers and their authorized users who subscribe to the Service
• Employees, contractors, or representatives who access the platform under a Customer’s Tenant

It does not apply to third-party websites or services that we do not control. The Service is also not intended for individual consumer or personal use.

2. Definitions

• Personal Data: Any information that identifies or can reasonably identify an individual, including name, business email address, job title, and login credentials.
• Customer Data: All data uploaded, entered, or generated within the Service by or on behalf of a customer.
• Tenant: A logically segregated customer environment within the Service.

3. Compliance with PDPA

AEM processes Personal Data in accordance with the PDPA of Malaysia, including its principles relating to:

• Notice and choice
• Purpose limitation
• Disclosure
• Security
• Retention
• Data integrity
• Access and correction

All processing is limited to purposes directly related to the provision, operation, and improvement of the Service.

4. Types of Information Collected

We collect the following categories of information:

4.1 Account & Identity Information

• Name, email address, job title
• Company or organization details
• Contact information
• Login credentials (hashed)

4.2 Usage & Activity Information

• Actions performed on the platform
• Log files, audit trails, and timestamps
• IP address, browser type, device information
• Access and authentication records

4.3 Operational Data Submitted by Customers

This includes all data uploaded or entered into the system, such as:

• Well intervention operational data
• PCE/DHT configurations
• Job planning information
• Comments, documents, reports, dashboards
• Any other content provided to the Service by the Customer

This Customer Data always remains the property of the Customer (see Section 7).

5. Purpose and Legal Basis for Processing

We process personal and operational data for the following purposes:

• To provide and operate the Service
• To authenticate Users and manage Tenants
• To improve performance, stability, and security
• To provide support, troubleshooting, and issue resolution
• To generate usage insights, analytics, and aggregated statistics
• To develop new features and machine learning enhancements
• To comply with legal, regulatory, or security obligations

Processing is conducted based on one or more of the following grounds permitted under the PDPA:

• Consent provided by the data subject
• Necessity for performance of a contract
• Compliance with legal obligations
• Legitimate business interests, provided such interests do not override data subject rights

We do not sell personal data or identifiable operational data to third parties.

For customers outside Malaysia (e.g., EU/UK), data is processed on the following bases:

• Contractual necessity
• Legitimate interests (e.g., security, analytics, service improvement)
• Compliance with legal obligations
• Consent where required (e.g., marketing communications)

6. How We Share Information

We may share data only in the following circumstances:

6.1 Authorized Users

Customer Data is visible only to Users within the same Tenant.

6.2 Service Providers

We may share data with trusted third-party vendors who assist with:

• Cloud hosting
• Email delivery
• Authentication
• Monitoring and analytics
• Technical support

These providers may only process data according to our instructions.

6.3 Aggregated or Anonymized Insights

We may share non-identifiable aggregated analytics (e.g., system performance trends).

6.4 Legal Compliance

We may disclose data if required by law, judicial order, or regulatory authorities.

AEM never shares identifiable Customer Data for marketing purposes.

7. Data Hosting and Location

All primary hosting and data storage are located within Malaysia.

The Service is designed, hosted, and operated based on infrastructure located in Malaysia. Accordingly, availability, performance, and uptime commitments are guaranteed only within Malaysia.

While the Service may be accessible from locations outside Malaysia, AEM does not warrant or guarantee uninterrupted access, performance, or availability from jurisdictions outside Malaysia, including where such access is affected by network latency, international connectivity, local regulations, or third-party service providers.

Where third-party services are used for infrastructure, security, or support, AEM ensures that reasonable safeguards are in place to protect Personal Data in accordance with the PDPA.

We ensure appropriate safeguards or contractual protections for cross-border transfers.

8. Customer Data Ownership & Usage

• Customers retain full ownership of all Customer Data stored in the Service.
• AEM may use Customer Data in aggregated or anonymized form to improve algorithms, analytics, machine learning model training and system optimization.
• We do not disclose identifiable Customer Data to external parties without consent unless required by law.

No identifiable Personal Data will be disclosed for these purposes.

9. Data Security

We implement commercially reasonable security measures including:

• Logical data isolation per Tenant
• Encryption in transit
• Role-based access control
• Continuous monitoring
• Audit logging
• Regular vulnerability assessments

Despite these safeguards, no system is completely secure.
AEM does not guarantee absolute security of data.

10. Data Retention

We retain data as follows:

• Active Subscription: Data retained for the duration of the customer’s subscription.
• After Termination: Customer Data retained for 90 days, unless otherwise agreed.
• After the retention window, AEM may permanently delete Customer Data.
• Personal data used for audit, compliance, or legal purposes may be retained for longer if required.

Customers may request export of their data at any time. Fees may apply depending on the size and complexity of the export.

11. Customer Rights

Depending on jurisdiction, Users may have rights to:

• Access personal data
• Correct inaccurate information
• Request deletion (subject to Customer ownership rules)
• Object to or restrict processing
• Request export of personal data

Requests related to Customer Data must be directed to the Customer (the data controller).
AEM will assist where required.

12. Customer Responsibilities

Customers are responsible for:

• Ensuring lawful collection and use of employee Personal Data.
• Ensuring accuracy, legality, completeness and relevance of all data they upload
• Configuring user roles, access rights and permissions
• Obtaining all necessary consents, notices and authorizations from their personnel or third parties
• Complying with their own regulatory or contractual obligations
• Maintaining the confidentiality of login credentials

13. Changes to This Privacy Policy

AEM may update this Privacy Policy from time to time.
We will notify Customers of material changes through the Service or email.
Continued use of the Service constitutes acceptance of the updated policy.

14. Contact Information

For privacy-related inquiries, requests, or complaints, please contact:

AEM Energy Solutions Sdn. Bhd.
Level 17, West Block, Wisma Golden Eagle Realty (GER),
142C, Jalan Ampang, 50450 Kuala Lumpur, Malaysia

Email: [email protected] (24 hours, 365 days)

AEM Energy Solutions Sdn. Bhd.

(Last Updated: 5th Feb 2026)

These Terms of Service (“Terms”) govern access to and use of the software platform currently known as WellSight360 (the “Service”) provided by AEM Energy Solutions Sdn. Bhd. (“AEM”, “we”, “us”, or “our”). By accessing or using the Service, the customer (“Customer”, “you”, “your”) agrees to be bound by these Terms.

If the Customer does not agree to these Terms, the Customer must not access or use the Service.

1. Definitions

• “Service” refers to the WellSight360 platform (or its future renamed version), including all modules, features, dashboards, interfaces, and related services offered as a SaaS subscription.
• “Tenant” refers to a Customer’s isolated environment within the multi-tenant system.
• “User” refers to individuals authorized by the Customer to access the Service under the Customer’s Tenant.
• “Subscription” refers to the purchased tier granting access to the Service.
• “Customer Data” means any data, files, text, images, configurations, and other content uploaded or submitted by Customer or its Users.

2. Scope of Service

AEM provides access to the Service on a subscription basis, including current features and enhancements released during the subscription period.
AEM reserves the right to update, modify, or remove features, and to introduce future usage limits depending on subscription tiers.

3. Subscription Access

• Access is granted per Tenant.
• Different subscription tiers may include different features, capacities, or support levels.
• AEM may introduce or modify tier structures at any time, with prior notice.
• Customers self-manage their Users, including role assignments, permissions, and access.

4. Service Availability and Support

Service availability, uptime commitments, maintenance windows, and support scope are governed by AEM’s Service Level Agreement (“SLA”), which is incorporated into these Terms by reference.

In the event of any conflict between these Terms and the SLA, the SLA shall prevail solely with respect to service availability and support obligations.

• At the current stage of deployment, AEM does not provide any uptime guarantees as defined in the SLA.
• Support is provided 24/7, subject to the scope and limitations set out in the SLA.
• Weekly scheduled maintenance planned during night hours (Malaysia time).
• AEM may conduct emergency maintenance without prior notice.

5. Responsibilities of the Customer

The Customer agrees to:

• Ensure accuracy, legality, and completeness of all data input into the Service.
• Configure input data accurately.
• Manage User access, roles, and user hygiene.
• Obtain all necessary consents before uploading third-party data.
• Use the Service only for lawful purposes.
• Maintain confidentiality of access credentials.

AEM is not responsible for errors, losses, or damages arising from incorrect data entry, misconfiguration, or misuse by the Customer or its Users.

6. Data Ownership & Rights

6.1 Customer Data Ownership

All Customer Data remains the property of the Customer.

6.2 AEM Usage Rights

Customer grants AEM a worldwide, royalty-free, non-exclusive license to:

• Use Customer Data to operate and maintain the Service;
• Analyze aggregated, anonymized Customer Data to improve performance, develop new features, and train machine learning models;
• Produce internal analytics and statistics provided such outputs do not identify the Customer.

AEM will not disclose identifiable Customer Data to third parties without consent, except as required by law.

7. Data Isolation & Security

• The Service operates on a multi-tenant architecture.
• Customer Data is logically isolated per Tenant and accessible only to authenticated Users assigned to that Tenant.
• AEM implements best-effort security controls but does not guarantee absolute protection.

Data export is available upon written request. AEM reserves the right to charge reasonable fees.

8. Payment Terms

Typical structure:

• Subscriptions are billed monthly or annually in advance.
• Non-payment may result in suspension or termination.
• Fees are non-refundable unless required by law.

9. Restrictions of Use

Customer must not:

• Reverse-engineer, decompile, or attempt to extract the software source code.
• Resell, repackage, or sublicense the Service to third parties.
• Use the Service for unlawful activities.
• Access the Service to build a competing product.
• Share logins or attempt unauthorized access to other tenants.

10. Disclaimers

The Customer acknowledges and agrees that:

• AEM does not warrant the accuracy, completeness, or correctness of any calculations, simulations, tool lift results, analytics, reports, or automated schedules generated through the Service.
• All outputs are decision-support only. Customer remains responsible for final operational decisions.
• AEM is not liable for downtime caused by third-party infrastructure providers or internet issues.

The Service is provided on an “as is” and “as available” basis.

11. Limitations of Liability

To the maximum extent permitted by law:

• AEM’s total liability for any claim arising under these Terms is limited to the total subscription fees paid by the Customer for the most recent billing period.
• If the next billing period has commenced (paid or unpaid), AEM holds no liability for that period.
• AEM will not be liable for indirect, incidental, consequential, punitive, or special damages.

12. Termination & Data Retention

12.1 Termination

Either party may terminate the subscription with 30 days written notice.

AEM may terminate immediately if:

• The Customer breaches these Terms;
• Uses the Service unlawfully;
• Fails to pay any overdue amounts after notice.

12.2 Data Retention

Customer data is retained for 90 days after subscription termination, unless otherwise agreed.

During this period:

• Customer may request a data export (fees may apply).
• After 90 days, AEM may permanently delete all Customer Data.

13. Global Use & Governing Law

The Service is hosted and operated from infrastructure located in Malaysia.

Availability, uptime, and performance commitments apply only to access within Malaysia, as further described in the SLA. Access from outside Malaysia is provided on a best-effort basis without guaranteed performance or availability.

Although the Service may be used globally, these Terms shall be governed by and interpreted in accordance with the laws of Malaysia.

Any disputes shall be subject to the exclusive jurisdiction of Malaysian courts.

14. Amendments

AEM may update these Terms from time to time. Continued use of the Service constitutes acceptance of the updated Terms.

15. Miscellaneous

• Failure to enforce any provision does not constitute a waiver.
• These Terms constitute the entire agreement between the parties regarding the Service.
• If any provision is found unenforceable, the remainder will remain in effect.
• In the event of any inconsistency, the following order of precedence shall apply:
• Subscription Order or Commercial Agreement
• Service Level Agreement
• These Terms of Service