If it asks you then it's neither opt-in nor opt-out. Then it depends on how it asks you. If it's a simple yes/no, it's fine. If it's typical tech bullshit where your options are a big "I want to make the world a better place and save the whales by sending my data" or a tiny button in the corner labeled "maybe later" that takes you to another screen saying "please confirm you want to opt out of data collection and kill a bunch of kittens" then not so good.
If it asks you then it's neither opt-in nor opt-out. Then it depends on how it asks you. If it's a simple yes/no, it's fine. If it's typical tech bullshit where your options are a big "I want to make the world a better place and save the whales by sending my data" or a tiny button in the corner labeled "maybe later" that takes you to another screen saying "please confirm you want to opt out of data collection and kill a bunch of kittens" then not so good.