There wasn't a click-wrap EULA on the KT when you load it up. I think all you agree to are the KoboBooks.com terms. I didn't see any specific message of statistics collection when I looked through them, but that's not the whole point.
They should add a clearly labeled & explained toggle in the settings which is disabled by default. As it is, the Kobo tracking defaults to opt-in, with no official, easy to locate means to opt-out. Personally, I believe they should have informed consent for this tracking, which is a standard clearly not met currently.