I strongly suspect that "Do not send me marketing emails" at checkout time ACTUALLY means "Wait 6 months before sending me marketing emails, when I might plausibly forget that I checked this box", because I always do my best to opt out of mailing lists and I always seem to start getting stuff anyway 6-12 months after making a purchase. The Silicon Valley model of consent strikes again.
They classify it as "transactional" emails (like what is supposed to be order receipts, shipping updates, etc) and so "decide" they can send you an "order update" to an "existing customer with a business relationship" 6 months later, instead of adding you to the spam list immediately.