if you think windows 10 is spyware you need to re adjust your tin foil hat
although windows 10 is just generally stuff
It's by definition spyware. It's sending information from your computer to a server without your consent. There are things it sends even if you 'turn all the privacy settings'.
Now, I'm not saying it's sending any information with malicious intent, but it's till by definition, spyware.
The real issue though, probably isn't Microsoft getting this data. If Win10 is allowing this data to be sent without any consent, then malware could just as easily redirect this information.