You're saying there is some law which prevents me from inputting my own data into a program, and it categorizes me into one of a thousand types of people?
The GDPR requires tracking to be opt in. The fact that you have to use special headers to opt out is already problematic. Ignoring the headers to track anyway is of course worse.
My comment was specifically that ToS are not a licence to behave illegally. There is no law preventing you from doing that in general (though there are specific limitations), but there are laws on how PII needs to be processed and stored.