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The Privacy Commissioner says a woman whose image was used without authorisation to sell spray tans could have remedies under the privacy act. The photo was then taken from the Stuff website without authorisation and used in marketing material by Christchurch spray tan company Sun Kissed Tan.
Company director Matthew Docherty refused to stop using the image, when contacted by Fair Go, saying he believed he was operating inside the law - and that he had better things to do than deal with "comical" complaints.
He also said that when Sun Kissed Tan had posted the images on social media sites, he had effectively also given away the image to them to do whatever they liked with it. Sun Kissed Tan declined an on-camera interview, but eventually agreed to stop using the image, which it had been doing for the past two years, but wouldn't give compensation to Kate.
Forecast Maps. Show Ad Close Ad. Woman whose image was used in spray tan ad without her go-ahead has legal remedies, experts say. Matt Chisholm, Sunday Reporter. Kate van der Weert is the face of a spray tan clinic, but the problem is, no-one asked if it was ok to use her picture. Source: Fair Go. However, Privacy Commissioner John Edwards says this is likely not true.
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