In the article it says you can use the headphones without the app. Bose "encourages" customers to download and use the app with the headphones. That should give it away. Why do you think they want you to use their app? You can adjust the app settings - presumably what it can and cannot do. It seems what Bose did wrong was not be clear up front as to what the default result of using the app would be. That's not quite as bad as your smart TV spying on you if you connect it to your internet connected LAN.
I'm going to recheck my microwave now. I wonder if I should down this GE microwave app.