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Even if you don't have a account, they still provide a "shadow profile" on you and it has been proven and admitted. https://www.theverge.com/2018/4/11/17225482/facebook-shadow-...

We don't use FB, we are used by it whether we have an explicit account or not

Do they keep a shadow profile on you if you violate their TOS?

I'd assume not but that'd be a fun way to get off the proverbial list if possible

You get a shadow profile without agreeing to a TOS. There’s nothing to violate