I agree it’s dubious. In the US cases have happened in which onerous requirements in shrink-wrap agreements were thrown out. I have no idea about Spain, but I’m betting asking for that permission in the phone app and getting it approved by the user is legally sufficient to at least make the company comfortable doing so. It may be a bold legal stance they’ll regret later, but if I took a guess I’d say this will get controlled by legislation rather than a court unless the country just wants to slide further into corporate control.