It is spam if I didn’t specifically ask for it. Offering an opt-out as part of some other flow doesn’t mean I want your marketing crap.

Ah yes, the 5-pixel-wide grey opt-out checkbox placed on a grey background, claiming to be for "essential communication"...

eh, some vendors take this to mean daily (or twice daily) emails.

They get the spam flag too for not being respectful of my inbox.