Genius is an opt-in program, I'm not sure how you're having trouble understanding that.
If you're not using it, they cannot use that information. It's in their license agreement, as I linked to show you.
I don't know where the heart system ToU is, mainly because I don't know what it's called. Obviously they have put a clause somewhere to use it otherwise it would be illegal- unless you really think Apple is illegally accessing information outside of their licensed rights? I don't have the time or the inclination to go chasing it down for you, but clearly they CAN use that info (since that's the point of the system) which makes your point irrelevant anyways.
Seems like you just weren't comfortable with your ignorance of the subject being pointed out. Sorry if I hurt your feelings.
To sum it up in simple terms:
1) They can't use your ratings or playcount without your express permission. This is clearly stated in the privacy agreement, even though you're having some trouble figuring out the difference between technical information and personal information.
2) Genius gives them permission to use this information
3) Heart/love obviously gives them permission to use this due to how the system functions. I don't need to prove this, it says it right on the tin.