That would imply there’s a third, indeterminate state prior to opting one way or another (which is the ideal situation - ask on install with a non defaulted option)
A master programmer passed a novice programmer one day. The master noted the novice’s preoccupation with a hand‐held computer game. “Excuse me”, he said, “may I examine it?”
The novice bolted to attention and handed the device to the master. “I see that the device claims to have three levels of play: Easy, Medium and Hard”, said the master. “Yet every such device has another level of play, where the device seeks not to conquer the human, nor to be conquered by the human.”
“Pray, great master”, implored the novice, “how does one find this mysterious setting?”
The master dropped the device to the ground and crushed it underfoot.
A reasonable third, and default, state could be collect diagnostic data locally. The user can choose to send the diagnostic data if they have issues with the device. After all, the term diagnostic data implies that it is being used for troubleshooting.