Nope it will be the phone.
I've always by SIM free and this sort of shit is always pre-installed.
We can only hope the time of reckoning has come and that governments* around the world start fining them in the tens of billions, rather than the millions.
*as recently demonstrated, the UK is not worth the tech giants time. I'm talking about ones that actually scare the organisations, not ones with as much bite as a dead goldfish.