@Marynator : I understand ^^
To go a bit more in depth in my idea, I'd use sentience rather than intelligence as the main criteria because there is no formal definition of intelligence.
We often say intelligence is about adaptative skills, but ourselves wouldn't meet that milestone in some environments (ie modern day European people put in the middle of a desert with nothing but a knife and a bottle of water).
We also often say intelligence is about language, but as we say that, we tend to think only in terms of human spoken language and we forget that many different species have complex, efficient languages not based on syllabs and words.
Another common misunderstanding is to think that intelligence implies the capacity of understanding our own rights - which is not the case. Young children, babies, people in a coma and people with specific mental disabilities, don't have a proper understanding of their own legal rights and status. That's where we draw the line between moral patients (people who have rights even if they can't understand them - like exocomps) and moral agents (people who have the same rights AND are conscious of having said rights - like Data).
The common point between Data and exocomps would definitely be sentience more than intelligence, as their adaptative skills, communication and level of self awareness are different, much like a human being and, let's say, a dog.