I wonder why MyHeritage/FTB is distributing photos of people still living due to a low SmartMatch factor. Is it really intentional, that they are distributed without acknowledge of the photo owner.
So your photo is actually coming up beside someone who isn't you? I would think that would be against the terms of service, but proving the infraction would probably be more trouble than anyone, even you, would be willing to go through.
When you make your own tree open to smart matches, you are accepting the terms of us showing the parts of your tree that is matched to another tree, to that site manager, and in return you receive that information from them.
If you are not interested in this, and it would be a real shame, since smart matching can connect you to many new and exciting research leads, then you can disable your tree from Smart Matching by going to Family tree, manage Trees, and under edit, you will see that option.
There should be an option to prevent obvious faulty smartmatches. I would like to block my informations unless they have a very high match quality > 80