Don't kid yourself, even without Windows 10's "spyware" (I mean, you can't seriously call it/say it's malware, Microsoft themselves put that stuff in) you still aren't as secure on Windows 7 (not just from malware) as you'd be on any Unix-based OS (that's even including Mac OS.)
1.Spyware = software that enables a user to obtain covert information about another's computer activities by transmitting data covertly from their hard drive.
Your point about Microsoft's spy tools not being spyware is completely wrong, it IS spyware, I never said that it is malware, did I?
2. So what? It is so easy to protect yourself from malware, that you don't even have to worry about it, as long as you have an installation disk and anti-malware software, you're completely safe.
By your logic and wording, agreeing to Windows 10's EULA is giving your consent to be spied on, which is an oxymoron because if you're (or at least claim you are by agreeing to the EULA) aware of and agree with Microsoft's policy of sending data back from your computer to their own severs, it's fair game and thus not spying.
2.1 Anti-malware software only works if it already knows what's out in the wild.
2.2 Why should you NEED to have an installation disc consistently handy? Reinstallation of the OS is one way of disinfecting a machine, sure, but it isn't practical by any means.
2.2 Well, I'm not saying you need it, but it is recommended to have it in case of the tiny chance of getting your MBR overwritten.
2.1 Yes, that is true, but I am on Windows 7 without a anti-malware and I have not got 1 infection.