Under the definition of spyware on Wikipedia (
https://en.wikipedia.org/wiki/Spyware ) and other sources, it's a very loose and broad term. Many apps could possibly fall into the category even if they are relatively "benign". I don't know 100% what Facebook is are is not doing. But you know what they say about if it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.