I'm planning a new site. Institutions will be able to purchase joint membership for all of their users. I'm offering institutions the chance to see what their users look at on my site. Would this be breaking any laws? Considering the users don't accept any TOS?
Why don't you make the users agree to TOS which state that stats on what they view is collected (anonymously collected, preferably)?
It's only private if they have an expectation of privacy. So long as you have a disclaimer it should be fine.