LiefLayer: For what I know the "phone home" thing cannot be done without the end user consent, that's why unity say they will use some secret proprietary algorithm that only they know to calculate installation count (they already said they will use aggregate data with a proprietary way to guess number and that unity games will not phone home, it is not my guess) ...
It maybe true that user must give consent to phone home, however, when was the last time you recall giving consent to your Operating System or even Graphics Driver?
I mean, the consent must be there but I know, you know and "they" know that no one read the terms and conditions, specially if it's a wall of text. People just click next, Remember a decade ago how most installers, including Microsoft, had a "add a search engine" box?
I recall a Unity game wich changed the TOS and there was a big outcry on the comunity, due the telemetry. The outcry was so big they put a start screen stating that you must agree or coulldn't launch the game. I believe it was Kerbal Space Program.
Many, many games use telemetry outside of Unity built games, I recall some talk by the devs of Slay the Spire stating that the game only took off after they start collecting data via telemetry, because the most vocal community members, while helpfull, were clearly not how most people played the game. Probably only benign data was/is collected but was anyone bothered with some TOS clausule? People just launched the game as ever, "oh, there's a update, nice".