A tos announcement is not an explicit consent. I doubt that this will help in court, even pre-GDPR.
Further, a TOS announcement can be easily construed as an admission of intent to fuck users.
See, that’s the nice thing about the GDPR: You cannot hide unexpected hostile stuff in the ToS anymore. If you don’t tell me what you do with my data in a way that is obvious, easy to understand, and most importantly easy to disable, it’s illegal.