Proceed the payment gateway without tick the privacy policy

well, today I was just running the test payment and found that when I click on “purchase” button without selecting the privacy policy page a PayPal window open for payment, It shows loading but nothing load, and when I select privacy policy page and click again on purchase button everthing start loading.

in short, I think, PayPal window must not be open until customer doesn’t select the privacy policy page.

I’m using PayPal pro and express plugin

thanks

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