There is legal standing, IMO. You can’t take something without consideration, and access to the website was granted free of charge while the data collection was squirrelled away in the fine print. That isn’t a lawful contract, the fine print is for technicalities about the main transaction of X in exchange for Y. You can’t say "we’ll give you X for free!!!” then sneak into the fine print “(((you also give us Y for free)))”. The structure is clearly deceptive in a manner that is designed to prevent a fair assessment of the value being exchanged.
Insurers have to provide a “key facts page” where they summarise in plain English what you’re paying for. The fine print gives the detail, but the front page is still “we give you X in exchange for Y”.
You can’t build a car without paying for the nuts and bolts. Tech companies have placed themselves amongst the wealthiest businesses in the world without paying for the nuts and bolts we provide.
Hell, even Microsoft is in on it now, even though you pay for Windows and Office 365!