BOUGIEDUCŒUR / POSTINITY
These General Terms of Use, hereinafter referred to as the "CGU", are intended to define the conditions of access to and use of the website bougieducoeur.com, its installable version in the form of a Progressive Web App (PWA), as well as the BougieDuCœur and Postinity – From My Lifetime services. BougieDuCœur is a digital platform dedicated to remembrance, memory and transmission. Creating an account, using member-only services or subscribing to an offer implies acceptance of these CGU.
The website, the Progressive Web App and the BougieDuCœur and Postinity services are published and operated by: ECO EVENT SARL 78 avenue des Champs-Élysées 75008 Paris France SIREN : 799 853 148 E-mail : contact@bougieducoeur.com Hereinafter referred to as "ECO EVENT", "BougieDuCœur", "Postinity", "the Platform" or "the Publisher". ECO EVENT SARL is responsible for the technical, commercial and administrative operation of the services offered.
The Platform comprises primarily two complementary universes: BougieDuCœur BougieDuCœur allows users to pay tribute to a deceased person through the creation of a digital memorial, including: • lighting a virtual candle; • creating a memorial; • publishing a photograph; • writing a tribute; • collecting condolence messages; • sharing memories; • creating family groups; • sharing the memorial with loved ones; • browsing stories and content dedicated to memory and remembrance. Postinity – "From My Lifetime" Postinity allows a person to prepare, during their lifetime, various contents they wish to preserve and potentially transmit after their death. These contents may include in particular: • their own candle; • photographs; • videos; • audio files; • music; • documents; • quotes; • a file intended for a ceremony; • personal messages intended for identified loved ones.
Postinity is a digital service for the preservation, organisation and conditional transmission of content. Postinity does not constitute in particular: • a will; • an authentic will; • a notarial deed; • a notary service; • a funeral service; • a death insurance contract; • a future protection mandate; • a notarial escrow service. The contents deposited on Postinity are intended solely to produce the effects associated with the contractual operation of the Platform. When a user wishes to give certain wishes a testamentary or succession-related scope, it is their responsibility to use the appropriate legal instruments in parallel.
The public sections of BougieDuCœur can be browsed without creating an account. Certain features require a user account. The Postinity "From My Lifetime" features are reserved for persons who are: • aged 18 or over; • possessing the necessary legal capacity; • using the service in their own name. The Platform may request additional information when identity or situation verification is required.
Creating an account may require in particular: • first name; • last name; • email address; • password; • country; • telephone country code; • telephone number when requested; • preferred language; • notification preferences; • optional profile photograph; • acceptance of the applicable terms. The user warrants that the information provided is accurate, truthful and up to date. The email address constitutes one of the primary identifiers of the account.
The user is responsible for keeping their login credentials confidential. They must take all reasonable precautions necessary to prevent third-party access to their account. In the event of suspected fraudulent use, they must promptly notify the Platform at: contact@bougieducoeur.com The Platform may implement in particular: • email address confirmation; • temporary codes; • enhanced authentication; • login attempt limits; • connection logging; • monitoring of unusual access.
Depending on the settings of the relevant memorial, a visitor may in particular: • view a memorial; • view the story of a deceased person; • light a candle free of charge; • leave a condolence message; • indicate their name; • add a photograph when this option is available; • react to a message; • browse the blog; • share a memorial; • use a link, a QR code, a short code or a personalised address. Any visitor publishing content is responsible for that content.
A logged-in member may in particular: • create a candle or a memorial; • enter the identity of the deceased; • add dates of birth and death; • add a photograph; • indicate a nationality; • write a tribute; • choose a display duration; • edit their content; • extend a candle; • relight a candle when this function is available; • reorganise their memorials; • create or join a family group; • invite loved ones; • receive notifications; • use the referral tools; • benefit from any Ambassador advantages; • manage their profile; • delete certain content.
The Platform may allow several people to contribute collectively to a memorial. The manager or creator of a group may in particular: • invite loved ones; • manage participants; • collect texts; • collect photographs; • organise contributions; • monitor group activity. Each participant remains personally responsible for the content they publish. Creating or administering a group does not confer any particular status as an heir or beneficiary.
Users may be permitted to upload in particular: • texts; • photographs; • videos; • audio recordings; • music files; • documents; • condolence messages; • family contributions; • private Postinity messages. The user retains the rights they hold over the content they publish. To enable the service to function, they grant ECO EVENT SARL a non-exclusive authorisation permitting, strictly within the scope of the service: • hosting; • storage; • backup; • technical reproduction; • adaptation to different display formats; • display; • making available; • transmission to authorised persons. This authorisation is granted for the duration necessary for the operation of the service and the performance of the requested services.
The user warrants that they hold the necessary rights over the content they submit. It is their responsibility in particular to verify: • their rights over photographs; • their rights over videos; • their rights over music; • their rights over texts and documents; • respect for the privacy of living persons; • respect for the right to one's image; • respect for the memory and dignity of deceased persons. The user must not publish content belonging to a third party without authorisation where such authorisation is required.
The following are prohibited in particular: • unlawful content; • fraudulent content; • false memorials; • false declarations of death; • identity theft; • defamatory content; • insulting content; • hateful content; • discriminatory content; • threats; • harassment; • serious violations of dignity; • unlawful violations of privacy; • copyright infringement; • fraudulent use of photographs; • use of the service with the intent to harm a family or a third party; • malicious software or files.
ECO EVENT SARL may take action on content when it has grounds to consider that it is contrary to: • these CGU; • the law; • the rights of a third party; • the memorial purpose of the service. Depending on the circumstances, it may: • request an explanation; • temporarily hide content; • restrict its visibility; • request supporting documentation; • remove content; • suspend a feature; • suspend an account; • close an account in the most serious situations.
Any disputed content may be reported to: contact@bougieducoeur.com The claimant must enable precise identification of: • the content concerned; • its location; • the reason for the request; • the right being invoked, if any. The Platform may request additional supporting documentation before making a decision.
The purpose of BougieDuCœur is to enable respectful tributes. Users undertake to respect: • the memory of the deceased; • their dignity; • the rights of their family; • the rights of third parties; • the rights attached to photographs and works used. In the event of a serious family dispute, the Platform may temporarily suspend all or part of the memorial while the matter is being examined. ECO EVENT SARL does not have the purpose of substituting itself for a court in determining the status of an heir or resolving a succession dispute.
The Postinity user may prepare during their lifetime the content they wish to have transmitted after their death. These elements may be modified or deleted by the user as long as the corresponding features remain accessible and no posthumous transmission has been triggered. The user remains solely responsible for: • the choice of their messages; • the choice of their recipients; • the accuracy of their contact details; • the choice of Guarantors; • the documents deposited; • their instructions.
When the user wishes to define specific directives concerning the retention, deletion or communication of their data after their death, these directives are subject to a specific mechanism. Consent to these directives is separate from the mere acceptance of these CGU. The user may modify or revoke them while they are alive and their account remains accessible to them. The Platform executes these instructions within the limits of: • the law; • the rights of third parties; • the rights of recipients; • the technical capabilities of the service.
The user may designate up to three Guarantors. A Guarantor is a trusted person designated by the user. Guarantors receive an invitation. The Guarantor may accept or decline this role. The role of a Guarantor consists primarily in participating in the process of reporting and confirming the death. Designation as a Guarantor: • does not make the Guarantor the owner of the data; • does not make the Guarantor an heir; • does not make the Guarantor a beneficiary; • does not allow them to modify the user's wishes; • does not allow them to freely access messages intended for other persons.
Following the death of a Postinity user, one or more Guarantors may be called upon to report or confirm the death. A simple declaration does not necessarily trigger the immediate transmission of content. A verification process may be initiated before any publication or transmission.
The Platform may in particular request: • confirmation from one or more Guarantors; • an official supporting document; • a document or certificate relating to the death where appropriate; • identity information; • any element reasonably necessary to eliminate doubt. ECO EVENT SARL may suspend the process for as long as a serious doubt remains.
Any intentional false declaration of death is strictly prohibited. A person knowingly making a false declaration incurs their own liability. ECO EVENT SARL may in particular: • immediately halt the procedure; • block the relevant access; • suspend an account; • retain the elements legally necessary to establish the facts; • cooperate with the competent authorities; • take any appropriate action.
After verification of the death and when the stipulated conditions are met, Postinity may transmit the messages prepared by the user to the designated recipients. This transmission may take place in particular: • by email; • by secure link; • by access code; • by secure space. The recipient may be required to confirm their identity or use an authentication device before accessing the content.
ECO EVENT SARL implements the reasonable means provided for by the service in order to transmit the relevant content. However, effective delivery cannot be guaranteed in particular when: • the contact details provided are incorrect; • the email address no longer exists; • the recipient cannot be found; • the message is blocked by an anti-spam system; • the recipient refuses to consult the content; • the recipient has died; • a dispute temporarily prevents transmission; • a legal obligation prevents transmission; • a technical impossibility beyond the Platform's control occurs.
A person designated as the recipient of a Postinity message is never obliged to consult or accept that message. They may refuse to access the content. They may also exercise the rights they hold over their own personal data.
Postinity may allow a user to prepare a file intended to facilitate the subsequent organisation of a tribute or ceremony. It may include in particular: • photographs; • videos; • slideshows; • music; • texts; • quotes; • documents. Postinity acts as a digital platform for preservation and transmission. Publishing a wish on Postinity does not automatically confer upon it any particular testamentary or legal value.
Content is retained for the duration associated with the service or the chosen offer, subject to: • legal obligations; • technical backups; • the rights of third parties; • validly recorded instructions; • evidentiary requirements in the event of a dispute. The detailed rules for the retention of personal data are set out in the Privacy Policy.
The Platform may offer various offers, free or paid, including in particular: • free candle; • discovery offer; • monthly duration; • extended duration; • eternal candle; • launch offer; • extension; • promotional benefits; • Ambassador benefits; • referral benefits. The characteristics of each offer are indicated before confirmation.
The commercial expression "eternal candle" refers to a candle with no predetermined contractual expiry date during the normal operating life of the service. It does not constitute a promise of the infinite existence of the website or the operating company. In the event of the definitive cessation of the service, ECO EVENT SARL will use its best efforts to inform the users concerned and, where technically possible, to allow them to retrieve their main content.
Certain Postinity services may be subject to a fee, including in particular: • access to or unlocking of certain files; • message credits; • packs; • specific options; • additional services. The terms and price are displayed before the purchase is confirmed.
The applicable prices are those displayed at the time of the order. They are presented in the applicable currency and inclusive of taxes where required by regulation. The Platform may temporarily offer: • promotions; • discounts; • promotional codes; • bonuses; • special offers; • packs.
Payments are processed through a secure bank card payment centre or service provider. ECO EVENT SARL does not directly retain full bank card numbers. Several payment service providers may be used depending on: • technical availability; • country; • currency; • type of transaction.
Where the right of withdrawal provided for by the Consumer Code is applicable, the consumer benefits from the corresponding rights. Where the user requests the immediate supply of digital content or a digital service before the expiry of the statutory period, the Platform collects, where necessary: • their express agreement to the immediate commencement of performance; • their express acknowledgement of the loss of their right of withdrawal where the statutory conditions are met. The loss of the right of withdrawal is therefore not presumed solely from the purchase or lighting of a candle.
Any potential refunds are examined based on: • the service concerned; • its state of performance; • mandatory legal provisions; • particular circumstances. A promotional benefit, a complimentary candle, a bonus, a free month or a complimentary credit does not give rise to a cash refund.
The Platform may offer a referral programme. The user may have a personal link allowing them to invite loved ones. Benefits may be granted when the conditions of the programme are met. Any artificial or fraudulent use of the system may result in the cancellation of the benefits.
Certain persons may benefit from BougieDuCœur Ambassador status. The programme may in particular allow for the award of: • free candles; • eternal candles; • a code; • a personal link; • specific benefits. The conditions of the programme may evolve. An Ambassador may request to be unsubscribed.
The names, distinctive signs, interfaces and creations associated with the Platform are protected by the applicable rules on intellectual property. The following are concerned in particular: • BougieDuCœur; • Postinity; • their trade names; • their trademarks; • their logos; • their distinctive signs; • their visual identities; • their graphic charters; • their interfaces; • their illustrations; • their graphic creations; • their editorial texts; • their databases; • their software developments; • their original functional and visual elements. The trademarks, trade names and intellectual property rights associated with BougieDuCœur and Postinity are the property of one or more natural persons who hold the corresponding rights. The identity, as well as the exact number of such natural person or persons, is not intended to be made public on the Platform. ECO EVENT SARL benefits from the rights and authorisations necessary to enable it to operate, use, develop, administer, promote and commercialise the BougieDuCœur and Postinity brands, as well as the websites, applications and services associated with them. The exploitation of these brands by ECO EVENT SARL does not entail any transfer of ownership thereof to the company. Any unauthorised reproduction, imitation, representation, adaptation, extraction, modification, distribution or exploitation, in whole or in part, is prohibited. Users remain the owners of the rights they hold over their own content.
ECO EVENT SARL implements reasonable means to ensure the operation of the Platform. Interruptions may nevertheless occur, in particular due to: • maintenance; • an update; • a correction; • a security intervention; • a failure; • a network issue; • an external service provider; • a force majeure event. Permanent and uninterrupted availability cannot be guaranteed.
Technical and organisational measures are implemented to protect the information processed. The Platform may in particular use: • encryption; • access control; • backups; • logging; • authentication; • technical monitoring. As no computer system can guarantee absolute security, users are encouraged to keep a personal copy of their particularly important content.
ECO EVENT SARL is responsible for the obligations imposed upon it by law and by the contracts entered into with its users. However, its liability may not be incurred for damage exclusively attributable to: • the user; • a third party; • incorrect information communicated to the Platform; • an incorrect recipient address; • the compromise of the user's login credentials; • a force majeure event; • an unforeseeable and insurmountable external circumstance. No provision of these CGU limits the mandatory rights recognised to consumers.
ECO EVENT SARL is the controller of the processing operations carried out in connection with the services for which it determines the purposes and means. The data processed may include in particular: • identity; • contact details; • email; • telephone; • country; • language; • profile photograph; • account data; • uploaded content; • relationships with Guarantors and recipients; • messages; • histories; • connection data; • technical information; • payment-related data; • referral data; • communication preferences. The processing operations are detailed in the Privacy Policy.
Under the conditions provided for by the applicable regulation, the data subjects may exercise in particular their rights to: • access; • rectification; • erasure; • restriction; • objection; • portability where applicable; • withdrawal of consent for processing based thereon. Requests may be sent to: contact@bougieducoeur.com A reasonable verification of the identity of the requester may be carried out where necessary. Any person also has the right to lodge a complaint with the CNIL.
A person may, during their lifetime, define directives concerning the retention, erasure or communication of their personal data after their death. The specific directives concerning Postinity are collected through a specific mechanism distinct from the mere acceptance of these CGU. Information that also contains personal data relating to third parties remains subject to the rights of those persons.
The Platform may use technologies necessary for: • authentication; • security; • operation; • remembering preferences. Other trackers may in particular relate to: • audience measurement; • social networks; • statistics; • certain external features. Where consent is required, these technologies are only used after the user has made their choice.
The Platform may send communications necessary for the operation of the service, including in particular: • account confirmation; • invitation; • security; • Guarantors; • reminders; • Postinity transmission; • payments; • account-related operations. Commercial communications are separate. Where consent is required, the user has a mechanism allowing them to object or to unsubscribe.
ECO EVENT SARL may use service providers to ensure in particular: • hosting; • storage; • payments; • emails; • security; • statistics; • IT infrastructure; • authentication; • technical services. The categories or identities of service providers and any international transfers are specified in the Privacy Policy where required by regulation.
The Platform may use artificial intelligence tools to assist with administration, in particular in the preparation of editorial content. Human intervention remains implemented where the nature of the decision or the applicable regulation requires it. The validation of a death and the triggering of a posthumous transmission must not rely exclusively on an automated mechanism where the circumstances require human verification.
The user may request the deletion of their account using the available features or by contacting: contact@bougieducoeur.com Deletion may result in: • closure of the account; • deletion of content; • anonymisation of certain data; • discontinuation of certain services. Data may nevertheless be retained where necessary for: • a legal obligation; • proof of a transaction; • fraud prevention; • a dispute; • the defence of the rights of the Platform or a third party. The Postinity user must be aware that deleting content before their death may make its future transmission impossible.
An account may be suspended or closed in particular in the event of: • fraud; • false identity; • a false declaration of death; • an attempt at hacking; • manifestly unlawful content; • abusive use; • payment fraud; • referral fraud; • a serious or repeated breach of these CGU. Where circumstances permit, the user is informed of the measure.
BougieDuCœur and Postinity are subject to change. New features may be added and certain existing features adapted. A substantial modification of the rights or obligations of users will give rise to appropriate notice.
These CGU may evolve in particular to take into account: • new features; • regulatory changes; • technical developments; • new offers; • security modifications. Where necessary, users are informed of a substantial modification.
Any complaint may be sent to: BougieDuCœur / Postinity ECO EVENT SARL 78 avenue des Champs-Élysées 75008 Paris France E-mail : contact@bougieducoeur.com Amicable resolution is sought as a priority.
Where the legal conditions are met, a consumer who has previously submitted a written complaint may have free recourse to the consumer mediator to whom ECO EVENT SARL is subject. Designated mediator: to be completed following effective membership of a competent and listed consumer mediator. The full contact details of the mediator must be published after this membership.
These CGU are governed by French law. For a consumer residing in another country, this provision does not deprive them of the mandatory protective rules they may benefit from in their country of residence where those rules are applicable.
In the event of a difficulty, the parties shall seek an amicable resolution as a priority. Failing that, the competent courts shall be determined in accordance with the applicable legal rules. No provision of these CGU is intended to impose upon a consumer a jurisdiction that could not lawfully be imposed upon them.
BougieDuCœur and Postinity may be offered in several languages. These CGU may be translated in order to facilitate their understanding. Subject to the mandatory rules applicable to the consumer, the French version constitutes the reference version in the event of a divergence of interpretation.
For any question relating to these CGU: BOUGIEDUCŒUR / POSTINITY ECO EVENT SARL 78 avenue des Champs-Élysées 75008 Paris France contact@bougieducoeur.com
GENERAL TERMS OF USE ESTABLISHED IN JULY 2026