However, this policy ... did not say who the third parties were, or what type of marketing they might receive."
I can't think of ANY policy I have read that lists the 3rd party companies or the type of marketing. They all just refer to 'partners, 3rd party companies may send you stuff we think is good' (paraphrasing obviously)
If they used that criteria 99.9% of firms would be guilty.
Combined with receiving no customer complaints this does indeed look rather unfair.