I'm sure they had their "permission" on page 27 of the terms of service. This isn't news... My opinion is still that those terms of services are silly. If I ever do start my own business, one of the things on the checklist is to have a minimal, if any, terms of service, because nobody wants to waste time reading them, and 99% of what is in ToSes is in the law anyway. Except, of course, data collection beyond function…
My take away is that you can tell users exactly what you're doing and they'll still be outraged. So don't do creepy stuff.