True. but on the other hand, they at least warn you about it, before you start using the app. Zak will have difficulty saying he wasn't warned of this behaviour.
When he downloaded the app and saw what information they would be slurping, he should have not accepted the app and asked for a refund on the headphones.
What's that you say? He didn't read the UA?
Whilst I think the amount of data slurping is wrong, I don't think Zak has a leg to stand on.
I can also see why they would find the information useful, for tuning the headphones based on the type of music / audio being listened to. But that should be down to the user to enable / disable.