Yes. Most if not all websites with typical "by continuing to use the site you agree to..." terms will drop cookies and fingerprint the user on their first visit, breaching their own contract. They do it even if lack of consent is made explicit by including Do Not Track in the HTTP headers.
These terms are obviously an attempt to get away with questionable behavior. Instead of simply not doing bad things, they insist and point people to the legalese when they complain as if it excused everything.
Exactly. It's very easy to be compliant with privacy law if you aren't stalking your users in the first place. The best example I've seen for doing it right was from godbolt.org, whose GDPR notice is refreshingly direct.
> The Compiler Explorer team believes the Compiler Explorer site is compliant with the EU's General Data Protection Regulation (GDPR). Specifically, we store no personally identifying information, we anonymise the little data that we do have and we do not permanently store any user data.
These terms are obviously an attempt to get away with questionable behavior. Instead of simply not doing bad things, they insist and point people to the legalese when they complain as if it excused everything.