If they only collect the data for analysis I guess this is fine (they already get way more sensitive data from users anyways, so if privacy is your concern you've made the mistake many steps ago). The much more interesting question is if they directly act on this data in their API. For example by rate-limiting, compute-limiting or rerouting to weaker models. That might even be legally questionable. I would really like to see this as a follow-up analysis, but I guess it is way more difficult and will also cost quite a bit in tokens.